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NORTH CAROLINA 

REGISTER 



VOLUME 12 • ISSUE 15 • Pages 1407-1471 
february 2, 1998 




IN THIS ISSUE 

Ixecutive Orders- 
"•* Tax .Review Board 

Voiiog Rights Letter 
:;:: Agriculture ■ 

^virx>ftme^ j^ J^^jratl Resources 
^Health and Human Services 

insurance 

Substance Abuse Professional Certification Board 

Contested Case Decisions 



PUBLISHED 3Y 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below. The bolded headings are typical issues which the given agency 
can address, but are not inclusive. 



Rule Notices. Filings. Register. Deadlines, Copies of Proposed Rules, etc. 

Office of Administrative Hearings 

Rules Division 

Capehart-Crocker House (919) 733-2678# : 

424 North Blount Street (919) 733-3462 FAX 

Raleigh, North Carolina 27601-2817 



contact: Molly Masich, Director APA Services 
Rubv Creech, Publications Coordinator 



mmasich@oah. state nc. us 
rcreech'Soah. state nc us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

1 16 West Jones Street 

Raleigh, North Carolina 27603-8005 

contact: Mark Sisak, Economist III 
Anna Tefft, Economist II 



(919)733-7061 
(919) 733-0640 FAX 

msisak@osbm. state nc us 
atefftSosbm. state nc.us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave.. Suite 159 
Raleigh, North Carolina 27605 

contact: Joe DeLuca Jr.. Staff Director Counsel 
Bobby Bryan, Staff Attorney 



(919)733-2721 
(919) 733-9415 FAX 



Le gislative Process Concerning Rule Making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (91 9) 733-2578 

Raleigh, North Carolina 2761 1 (9.19) 715-5460 FAX 



contact: Mary Shuping, Staff Liaison 



marys@ms. ncga. state, nc. us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

215 North Dawson Street (919) 715-2893 

Raleigh, North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carolina 2760." 

contact: Paula f homas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 



IN THIS ISSUE 




Volume 12, Issue 15 
Pages 1407 - 1471 



February 2, 1998 



This issue contains documents officially filed 
through January 9, 1998. 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601) 

PO Drawer 27447 

Raleigh, NC 27611-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

Bradley Buie, Acting Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Jean Shirley, Editorial Assistant 
Linda Richardson, Editorial Assistant 



I. EXECUTIVE ORDERS 

Executive Orders 121-126 1407 - 1413 

II. IN ADDITION 

Voting Rights Letters 1414 - 1415 

Tax Review Board 1416 - 1418 



III. PROPOSED RULES 

Agriculture 

Structural Pest Control Division 1419 

Health and Human Services 

Medical Assistance 1419 - 1420 

Social Services 1420 - 1424 

Insurance 

Life and Health Division 1424 - 1426 

Licensing Board 

Substance Abuse Professional 
Certification Board 1426 - 1430 



IV. TEMPORARY RULES 

Environment and Natural Resources 

Health: Epidemiology 1451 - 1452 

Health and Human Services 
Facility Services 1431 - 1451 

V. RULES REVIEW COMMISSION 1453 1457 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1458 - 1467 

Text of Selected Decisions 

97 DST 0866 1468 - 1470 

VII. CUMULATIVE INDEX 1 - 74 



> 



Digitized by the Internet Archive 

in 2011 with funding from 

University of North Carolina at Chapel Hill 



http://www.archive.org/details/northcarolinareg1215nort 



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•3 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NO. 121 

IMPLEMENTING THE COASTAL ENERGY 

RULES OF THE COASTAL RESOURCES 

COMMISSION 

WHEREAS, the Coastal Resources Commission has duly 
promulgated amendments to the State's Coastal Energy Policy 
rules (15A North Carolina Administrative Code 7M .0401 - 
.0403, attached and incorporated by reference); and 

WHEREAS, the Administrative Rules Review Commission 
has approved the Coastal Energy Policy rules; and 

WHEREAS, the Coastal Energy Policy rules have not 
become effective under the Administrative Procedures Act and 
will not become effective in the absence of this Executive Order 
until August, 1998; and 

WHEREAS, the Coastal Energy Policy rules provide an 
essential framework for preservation of safety and welfare on 
the State's coast in the event of offshore mineral exploration; 
and 

WHEREAS, it is necessary that the Coastal Energy Policy 
rules become effective in order to protect public health, safety 
and welfare. 

NOW, THEREFORE, pursuant to the authority vested in me 
as Governor by the Constitution and laws of North Carolina, 
and in particular, by North Carolina General Statutes §150B- 
21.3(c), IT IS ORDERED: 

The Coastal Energy Policy rule amendments, as attached 
hereto and incorporated herein, are hereby made effective as of 
the date of this order. 

This order is effective immediately. 

Done in Raleigh, North Carolina, this 3' d day of November, 
1997. 

NORTH CAROLINA ADMINISTRATIVE CODE 

TITLE 15A - DEPARTMENT OF ENVmONMENT 
AND NATURAL RESOURCES 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7M - GENERAL POLICY 
GUIDELINES FOR THE COASTAL AREA 

SECTION .0400 - COASTAL ENERGY POLICIES 

.0401 DECLARATION OF GENERAL POLICY 

(a) It is hereby declared that the general welfare and public 
interest require that reliable sources of energy be made 



available to the citizens of North Carolina. It is further 
declared that the development of energy facilities and energy 
resources within the state and in offshore waters can serve 
important regional and national interests. However, unwise 
development of energy facilities or energy resources can 
conflict with the recognized and equally important public 
interest that rests in conserving and protecting the valuable land 
and water resources of the state and nation, particularly coastal 
lands and waters. Therefore, in order to balance the public 
benefits attached to necessary energy development against the 
need to protect valuable coastal resources, the planning of 
future land uses, the exercise of regulatory authority, and 
determinations of consistency with the North Carolina Coastal 
Management Program shall assure that the development of 
energy facilities and energy resources shall avoid significant 
adverse impact upon vital coastal resources or uses, public trust 
areas and public access rights. 

(b) Exploration for the development of offshore and Outer 
Continental Shelf (OCS) energy resources has the potential to 
affect coastal resources. The Federal Coastal Zone 
Management Act of 1972, as amended, requires that federal oil 
and gas leasing actions of the U.S. Department of the Interior 
be consistent to the maximum extent practicable with the 
enforceable policies of the federally approved North Carolina 
Coastal Management Program. Enforceable policies applicable 
to OCS activities include all the provisions and policies of this 
Rule, as well as any other applicable federally approved 
components of the North Carolina Coastal Management 
Program. All permit applications, plans and assessments 
related to exploration or development of OCS resources and 
other relevant energy facilities must contain sufficient 
information to allow adequate analysis of the consistency of all 
proposed activities with these Rules and policies. 

History Note: Authority G.S. 113A-102(b); 113A-107; 

U3A-124; 

Eff. March 1, 1979; 

Amended Eff. November 3, 1997 pursuant to E.O. 121, James 

B. Hunt Jr., 1997. 

.0402 DEFINITIONS 

(a) "Impact Assessment" is an analysis which fully discusses 
the environmental, economic and social consequences of a 
proposed project. At a minimum, the assessment shall include 
the following information: 

(1) a full discussion of the preferred sites for those 

elements of the project affecting any land or water 

use or natural resource of the coastal area. 

(A) In all cases where the preferred site is located 

within an area of environmental concern 

(AEC) or on a barrier island, the applicant 

shall identify alternative sites considered and 

present a full discussion [in terms of 

Subparagraphs (a)(2) through (8) of this Rule] 

of the reasons why the chosen location was 

deemed more suitable than another feasible 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1407 



EXECUTIVE ORDERS 



alternate site. 

1B1 If the preferred site is not located within an 
AEC or on a barrier island, the applicant shall 
present reasonable evidence to support the 
proposed location over a feasible alternate 
site. 

(C) In those cases where an applicant chooses a 
site previously identified by the state as 
suitable for such development and the site is 
outside an AEC or not on a barrier island, 
alternative site considerations shall not be 
required as part of this assessment procedure; 

(2) a full discussion of the economic impacts, both 
positive and negative, of the proposed project. This 
discussion shall focus on economic impacts to the 
public, not on matters that are purely internal to the 
corporate operation of the applicant. No proprietary 
or confidential economic data shall be required. This 
discussion shall include analysis of likely adverse 
impacts upon the ability of any governmental unit to 
furnish necessary services or facilities as well as 
other secondary impacts of significance; 

(3) a full discussion of potential adverse impacts on 
estuarine or coastal resources: 

(4) a full discussion of potential adverse impacts on 
existing industry and potential limitations on the 
availability of natural resources, particularly water, 
Mr future industrial development; 

(5) a full discussion of potential significant adverse 
impacts on recreational uses and scenic, 
archaeological and historic resources; 

(6) a full discussion of potential risks of danger to 
human life or property; 

(7) other specific data necessary for the various state and 
federal agencies and commissions with jurisdiction to 
evaluate the consistency of the proposed project with 
relevant standards and guidelines; 

(8) a specific demonstration that the proposed project is 
consistent with relevant local land use plans and with 
guidelines governing land uses in AECs. 

If appropriate environmental documents are prepared and 
reviewed under the provisions of the National Environmental 
Policy Act (NEPA) or the North Carolina Environmental 
Policy Act (NCEPA), this review will satisfy this definition of 
"impact assessment" if all issues listed in this Subsection are 
addressed and these documents are submitted in sufficient time 
to be used to review state permit applications for the project or 
subsequent consistency determinations. 

(b) "Major energy facilities" are those energy facilities 
which because of their size, magnitude or scope of impacts, 
have the potential to affect any land or water use or natural 
resource of the coastal area. For purposes of this definition, 
major energy facilities shall include, but are not necessarily 
limited to, the following: 

(1) Any facility capable of refining oil; 

(2) Any terminals (and associated facilities) capable of 
handling, processing, or storing liquid propane gas. 



liquid natural gas, or synthetic natural gas: 

(3) Any oil or gas storage facility that is capable of 
storing 15 million gallons or more on a single site: 

(4) Electric generating facilities 300 MGW or larger: 

(5) Thermal energy generation; 

(6) Major pipelines 12 inches or more in diameter that 
carry crude petroleum, natural gas, liquid natural 
gas, liquid propane gas, or synthetic gas; 

(7) Structures, including dnllships and floating platforms 
and structures relocated from other states or 
countries, located in offshore waters for the purposes 
of exploration for, or development or production of, 
oil or natural gas: and 

(8) Onshore support or staging facilities related to 
exploration for. or development or production of. oil 
or natural gas. 

(c) "Offshore waters" are those waters seaward of the state's 
three-mile offshore jurisdictional boundary in which 
development activities may impact any land or water use or 
natural resource of the state's coastal area. 

History- Note: Authority G.S. 113A-102(b>: 113A-107; 

113A-124; 

Eff. March 1, 1979; 

Amended Eff. October 1, 1988; 

Amended Eff . November 3, 1997 pursuant to E.O. 121, James 

B. Hunt Jr., 1997. 

.0403 POLICY STATEMENTS 

(a) The placement and operations of major energy facilities 
in or affecting any land or water use or natural resource of the 
North Carolina coastal area shall be done in a manner that 
allows for protection of the environment and local and regional 
socio-economic goals as set forth in the local land-use plants ) 
and State guidelines in 15A NCAC 7H and 7M. The placement 
and operation of such facilities shall be consistent with 
established state standards and rules and shall comply with local 
land use plans and with guidelines for land uses in AECs. 

(b) Proposals, plans and permit applications for major 
energy facilities to be located in or affecting any land or water 
use or natural resource of the North Carolina coastal area shall 
include a full disclosure of all costs and benefits associated with 
the project. This disclosure shall be prepared at the earliest 
feasible stage in planning for the project and shall be in the 
form of an impact assessment prepared by the applicant as 
defined in 15A NCAC 7M .0402. 

(c) Local governments shall not unreasonably restrict the 
development of necessary energy facilities; however, they may 
develop siting measures that will minimize impacts to local 
resources and to identify potential sites suitable for energy 
facilities. 

(d) Energy facilities that do not require shorefront access 
shall be sited inland of the shoreline areas. In instances when 
shoreline portions of the coastal zone area are necessary- 
locations, shoreline siting shall be acceptable only if it can be 
demonstrated that coastal resources and public trust waters will 
be adequately protected, the public's right to access and passage 



1408 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



EXECUTIVE ORDERS 



will not be unreasonably restricted, and all reasonable 
mitigating measures have been taken to minimize impacts to 
AECs. 

(e) The scenic and visual qualities of coastal areas shall be 
considered and protected as important public resources. Energy 
development shall be sited and designed to provide maximum 
protection of views to and along the ocean, sounds and scenic 
coastal areas, and to minimize the alteration of natural 
landforms. 

(f) All energy facilities in or affecting any land or water use 
or natural resource of the coastal area shall be sited and 
operated so as to be consistent with the following criteria to the 
maximum extent practicable. 

(1) Risks of environmental harm to fish spawning areas, 
in or affecting the coastal area, shall be assessed and 
minimized. 

(2) Risks of environmental harm to coastal resources and 
uses shall be assessed and minimized. Necessary 
data and information required by the state for state 
permits and federal consistency reviews, pursuant to 
15 CFR part 930, shall completely assess the risks of 
oil spills, evaluate possible trajectories, and 
enumerate response and mitigation measures 
employing the best available technology to be 
followed in the event of a spill. The information 
must demonstrate that the potential for oil spills and 
ensuing damage to coastal resources has been 
minimized and shall factor environmental conditions, 
currents, winds, and inclement events such as 
Northeasters and hurricanes, in trajectory scenarios. 
For facilities requiring an Oil Spill Contingency 
Plan, this information shall be included in such a 
plan. 

(3) Dredging, spoil disposal and construction of related 
structures that are reasonably likely to affect any land 
or water use or natural resource of the coastal area 
shall be minimized, and any unavoidable actions of 
this sort shall minimize damage to the marine 
environment. 

(4) Damage to or interference with existing or traditional 
uses, such as fishing, navigation and access to public 
trust areas, and areas with high biological or 
recreational value, shall be avoided to the extent that 
such damage or interference is reasonably likely to 
affect any land or water use or natural resource of the 
coastal area. 

(5) Placement of structures in geologically unstable 
areas, such as unstable sediments and active faults, 
shall be avoided to the extenf that damage to such 
structures resulting from geological phenomena is 
reasonably likely to affect any land or water use or 
natural resource of the coastal area. 

(6) Wildlife destruction or relocation shall be assessed 
and minimized to the extent that such destruction or 
relocation is reasonably likely to affect any land or 
water use or natural resource of the coastal area. 

(7) Adverse impacts on species identified as threatened 



or endangered on Federal or State lists shall be 
avoided. 

(8) Major energy facilities are not appropriate uses in 
fragile or historic areas, and other areas containing 
environmental or natural resources of more than local 
significance, such as parks, recreation areas, wildlife 
refuges, and historic sites. 

(9) No energy facilities shall be sited in areas where they 
pose a threat to the integrity of the facility and 
surrounding areas, such as ocean front areas with 
high erosion rates, areas having a history of 
overwash or inlet formation, and areas in the vicinity 
of existing inlets. 

(10) In the siting of energy facilities and related 
structures, the following areas shall be avoided to the 
maximum extent practicable: 

(A) areas of high biological significance, including 
offshore reefs, rock outcrops and hard bottom 
areas, sea turtle nesting beaches, freshwater 
and saltwater wetlands, primary nursery areas, 
submerged aquatic vegetation beds, shellfish 
beds, anadromous fish spawning and nursery 
areas, and colonial bird nesting colonies; 

(B) major tracts of maritime forest and other 
important natural areas as identified by the 
North Carolina Natural Heritage Program; 

(C) crossings of streams, rivers, and lakes except 
for existing readily-accessible corridors; 

(D) anchorage areas and congested port areas; 

(E) artificial reefs, shipwrecks, and submerged 
archaeological resources; 

(F) dump sites; 

(G) areas of large dunes or well-developed frontal 
dune systems; 

(H) heavily developed and heavily used recreation 
areas. 

(11) Where impacts on these areas cannot be avoided, and 
the impact affects any land or water use or natural 
resource of the coastal area, damage shall be 
mitigated to the maximum extent practicable, and 
affected areas shall be restored to their original 
functions pursuant to a plan of reclamation, which 
must be a part of the consistency determination or 
permit. 

(12) Construction of energy facilities shall occur only 
during periods of lowest biological vulnerability. 
Nesting and spawning periods shall be avoided. 

(13) If facilities located in the coastal area are abandoned, 
habitat of equal value to or greater than that existing 
prior to construction shall be restored as soon as 
practicable following abandonment. For abandoned 
facilities outside the coastal area, habitat in the areas 
shall be restored to its preconstruction state and 
functions as soon as practicable if the abandonment 
of the structure is reasonably likely to affect any land 
or water use or natural resource of the coastal area. 



12:15 



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February 2, 1998 



1409 



EXECUTIVE ORDERS 



History Note: Authority G.S. 113A-102(b): 113A-107; 

113A-124; 

Eff. March 1, 1979: 

Amended Eff. April 1, 1992; 

Amended Eff . November 3, 1997 pursuant to E.O. 121. James 

B. Hunt Jr., 1997. 

EXECUTIVE ORDER NO. 122 
EXTENDING EXECUTIVE ORDERS 91 AND 92 

By the power vested in me as Governor by the Constitution 
and laws of the State of North Carolina, IT IS ORDERED: 

The following Executive Orders are hereby extended to 
December 31, 1998: 

A. Executive Order No. 91, Persian Gulf War Memorial 
Commission; and, 

B. Executive Order No. 92, Council for Young Adult 
Drivers. 

This order shall be effective immediately. 

Done in Raleigh, North Carolina, this 1 1th day of December, 
1997. 

EXECUTIVE ORDER NO. 123 

ALCOHOL LAW ENFORCEMENT DESIGNATED 

LEAD AGENCY TO IMPLEMENT MODEL 

EDUCATION AND ENFORCEMENT 

OF STATE LAW TO REDUCE TOBACCO SALES 

TO MTNORS 

WHEREAS, tobacco use is the chief preventable cause of 
premature death and disability in North Carolina; and 

WHEREAS, almost all individuals who smoke began 
smoking before reaching the age of 18; and 



and 



WHEREAS, the Synar Amendment requires the Governor to 
assure the Secretary of the federal Department of Health and 
Human Services that the State will enforce its law in a manner 
that will reasonably be expected to reduce the extent to which 
tobacco products are available to individuals under the age of 
eighteen; and 

WHEREAS, failure to comply with the requirements of the 
Synar Amendment could result in a 40 percent or approximately 
12 million dollar reduction in the State's Substance Abuse 
Prevention and Treatment Block Grant; and 

WHEREAS, scientific research from the Institute of 
Medicine shows that reducing tobacco sales to minors is part of 
a comprehensive initiative to prevent tobacco use among 
children and youths; and 

WHEREAS, designation of a lead state agency for education 
and enforcement of North Carolina's law prohibiting the sale 
and purchase of tobacco products to persons under the age of 
eighteen will provide for a comprehensive statewide approach 
to reducing youth access to tobacco products. 

NOW, THEREFORE, by the power vested in me as 
Governor by the laws and Constitution of North Carolina, IT 
IS ORDERED: 

Section L Establishment. 

The Division of Alcohol Law Enforcement of the Department 
of Crime Control and Public Safety is hereby designated as the 
State Agency, in coordination with local police and sheriffs' 
departments, and the Department of Health and Human 
Services to implement model education and enforcement of 
North Carolina General Statute § 14-313 that prohibits the sale 
of tobacco products to persons less than eighteen years of age 
and the purchase of tobacco products by such persons. 



♦ 



WHEREAS, the 1995 Department of Public Instruction 
biennial Youth Risk Behavior Survey of North Carolina 
students in grades 6-12 shows that tobacco use is increasing 
among North Carolina public school students; and 

WHEREAS, the 1997 annual, random, unannounced 
inspection of retail tobacco outlets involving underage youth 
conducted by the North Carolina Department of Health and 
Human Services resulted in an overall state buy rate of 45 
percent; and 

WHEREAS, Section 1926 of the Public Health Service Act, 
commonly referred to as the Synar Amendment, requires the 
North Carolina Department of Health and Human Services, 
Division of Mental Health, Developmental Disabilities and 
Substance Abuse Services to reduce the rate that underage youth 
are able to buy tobacco products in over-the-counter retail 
outlets and vending machines to 20 percent by the year 2001; 



Section 2± Scope. 

The standard model of education and enforcement established 
by the State Agency shall include, but not be limited to: 1) 
promoting merchant education through on-site visits and 
employee training programs; 2) age-testing of youth volunteers 
involved in enforcement operations; 3) providing public notice 
of upcoming enforcement operations; 4) conducting 
enforcement of over-the-counter outlets and vending machine 
locations; 5) issuing warning notices or citations as a result of 
enforcement operations; 6) promoting public recognition for 
businesses or clerks who do not sell tobacco products to minors 
during enforcement operations; and 7) advising communities of 
the results of the enforcement operation. The State Agency shall 
work with the Department of Health and Human Services, 
along with local police and sheriffs' departments to develop an 
integrated system of implementing the education and 
enforcement model program statewide. 



1410 



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February 2, 1998 



12:15 



EXECUTIVE ORDERS 



Section i. Implementation. 

The State Agency shall have the responsibility to implement 
model education, working cooperatively with local police and 
sheriffs' departments, Division of Mental Health, 
Developmental Disabilities, and Substance Abuse Services and 
the Division of Community Health-Project ASSIST in the 
Department of Health and Human Services and to implement 
model enforcement operations, working cooperatively with 
local police and sheriffs' departments. 

Section 4. Training and Technical Assistance. 

The State Agency shall work cooperatively with the 
Department of Health and Human Services to provide training 
and technical assistance in the model education and enforcement 
operations for all state and local Alcohol Law Enforcement 
agents and local police and sheriffs' department officers. The 
Agency shall also be responsible for identifying and 
maximizing training and technical assistance resources. 

Section 5^. Interagency Workgroup. 

There is hereby created an Interagency Workgroup on 
Education and Enforcement of laws prohibiting the sale of 
tobacco products to persons under eighteen years of age, and 
the purchase of tobacco products by such persons, under the 
joint leadership of the Division of Alcohol Law Enforcement in 
the Department of Crime Control and Public Safety, Division 
of Community Health, and Division of Mental Health, 
Developmental Disabilities and Substance Abuse Services, both 
in the Department of Health and Human Services. The purpose 
of the Interagency Workgroup is to promote an integrated effort 
to carry out education and enforcement of the state and federal 
laws prohibiting youth access to tobacco products, to advise the 
State agency on its education and enforcement activities, and to 
make recommendations to the Secretaries of the Department of 
Crime Control and Public Safety and Department of Health and 
Human Services on measures to enhance a reduction in tobacco 
sales to persons under the age of eighteen. Membership shall 
include, but not limited to, representatives of the local police 
and sheriffs' departments, Department of Justice, Department 
of Public Instruction, Administrative Office of the Courts, local 
mental health directors and public health directors. The 
Interagency Workgroup chair(s) and membership shall be 
chosen through a joint decision of Directors from the Division 
of Alcohol Law Enforcement. Division of Mental Health, 
Developmental Disabilities and Substance Abuse Services and 
the Division of Community Health. 

Section 6. Reporting . 

The State Agency shall prepare an annual report of the work 
of the state agency, and after review by the Interagency 
Workgroup shall be forwarded to the Governor through the 
Secretaries of the Department of Crime Control and Public 
Safety and Department of Health and Human Services. 

This Order shall be effective immediately and shall remain in 
effect until rescinded. 



Done in the Capital City of Raleigh, North Carolina, this 
18th day of December, 1997. 

EXECUTIVE ORDER NO. 124 

AMENDING AND EXTENDING EXECUTIVE ORDER 

NO. 16, 

THE GEOGRAPHIC INFORMATION 

COORDINATING COUNCIL 

AND 

THE CENTER FOR GEOGRAPHIC INFORMATION 

AND ANALYSIS 

By the authority vested in me as Governor by the laws and 
Constitution of North Carolina, IT IS ORDERED: 

Section L Amendment 

Section 4 of Executive Order Number 16 is hereby amended 
by adding the following two members: 

r) The Secretary of Crime Control and Public Safety; and, 

s) The Secretary of Health and Human Services. 

These additions shall bring the Council's membership to 
nineteen members. These two new members shall serve 
continuously in the same manner as members "a-g" and "i-1". 

Subject to this amendment, all provisions of Executive Order 
Number 16 shall remain in full force and effect. 

Section 2. Extension 

Executive Order Number 16 is hereby extended for two years 
from the effective date provided below. 

Section 3. Effective Date 

This executive order shall be effective the first day of January, 
1998. 

Done in the Capital City of Raleigh, North Carolina, this the 
18th day of December, 1997. 

EXECUTIVE ORDER NO. 125 

NORTH CAROLINA EMERGENCY RESPONSE 

COMMISSION 

By the authority vested in me as Governor by the 
Constitution and laws of the State of North Carolina, IT IS 
ORDERED: 

Section 1. Creation 

There is hereby created the North Carolina Emergency 
Response Commission, hereinafter referred to as the 
"Commission". The Commission shall consist of not less than 
twelve members and shall be composed of at least the following 
persons: 

a. Director, Division of Emergency Management, 
Department of Crime Control and Public Safety, who shall 
serve as the Chairperson. 

b. Coordinator, State Highway Patrol Hazardous Materials, 
Department of Crime Control and Public Safety. 

c. Director, Division of Safety, Department of Agriculture. 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1411 



EXECUTIVE ORDERS 



d. Director. Division of Waste Management, Department of 
Environment and Natural Resources. 

e. Director. Division of Water Quality, Department of 
Environment and Natural Resources. 

f. Director, Division of Air Quality. Department of 
Environment and Natural Resources. 

g. Director. Division of Radiation Protection, Department 
of Environment and Natural Resources. 

h. Director, Division of Pollution Prevention and 
Environmental Assistance. Department of Environment and 
Natural Resources. 

i. Director, Emergency Planning, Division of Highways, 
Department of Transportation. 

j. Chief, Transportation Inspection, Division of Motor 
Vehicles (Enforcement Section), Department of Transportation. 

k. Manager, Training/Standards Program, Fire and Rescue 
Services Division, Department of Insurance. 

1. Chief, Emergency Medical Services, Division of Facility 
Services, Department of Health and Human Services. 

m. Assistant Deputy Commission of Labor for Occupational 
Safety and Health, Department of Labor. 

In addition to the foregoing, six at-large members from local 
government and private industry with technical expertise in the 
emergency response field may be appointed by the Governor 
and serve terms of two (2) years at the pleasure of the 
Governor. 

Section ~L Duties 

The Commission is designated as the State Emergency 
Response Commission as described in the Emergency Planning 
and Community Right-to-Know Act of 1986 as enacted by the 
United States Congress (hereinafter, the "Act") and shall 
perform all duties required of it under the Act, including, but 
not limited to, the following: 

a. Appoint local emergency planning committees described 
under Section 301(c) of the Act and supervise and coordinate 
the activities of such committees. 

b. Establish procedures for reviewing and processing 
requests from the public for information under Section 324 of 
the Act. 

c. Designate emergency planning districts to facilitate 
preparation and implementation of emergency plans as required 
under Section 301(b) of the Act. 

d. Designate additional facilities, after public notice and 
opportunity for comment, that may be subject to the Act under 
Section 302 of the Act. 

e. Notify the Administrator of the Environmental Protection 
Agency of facilities subject to the requirements of Section 302 
of the Act. 

f. Review the emergency plans submitted by local 
emergency planning committees and make recommendations to 
the committees on revisions of the plans that may be necessary 
to ensure coordination of such plans other emergency response 
plans of other emergency planning districts. 

Section J. Administration 

a. The Department of Crime Control and Public Safety shall 



provide administrative support and staff as may be required. 

b. Members of the Commission shall serve without 
compensation but may receive reimbursement, contingent on 
the availability of funds, for travel and subsistence expenses in 
accordance with state guidelines and procedures. 

Section 4\ Effect on other Executive Orders 

Executive Orders 17 and 61 are hereby rescinded. All other 
portions of Executive Orders inconsistent herewith also are 
rescinded. 

This Executive Order is effective immediately and shall 
remain in effect until rescinded by the Governor. 

Done in Raleigh, North Carolina, the 18th day of December, 
1997. 

EXECUTIVE ORDER NO. 126 
EXTENDING EXECUTIVE ORDERS 

By the power vested in me as Governor by the Constitution 
and laws of the State of North Carolina, IT IS ORDERED: 

The following Executive Orders are extended two years from 
the effective date provided below: 

Executive Order No. 2, Small Business Council. 

Executive Order No. 6, Entrepreneurial Development Board. 

Executive Order No. 10, Quality Leadership Awards 
Council. 

Executive Order No. 11, Governor's Council of Fiscal 
Advisors. 

Executive Order No. 15, Coordinating Committee on the 
Americans with Disabilities Act. 

Executive Order No. 21, Local Government Partnership 
Council. 

Executive Order No. 35, Governor's State Employee Action 
Commission. 

Executive Order No. 36, Smoking Policy Coordinating 
Committee. 

Executive Order No. 43, North Carolina State Health 
Coordinating Council. 

Executive Order No. 45, Governor's Initiative to Strengthen 
North Carolina Historically Black Colleges and Universities. 

Executive Order No. 48, Concerning the State Commission 
on National and Community Service. 

Executive Order No. 50, North Carolina Sports Development 
Commission. 

Executive Order No. 51, North Carolina Film Council. 

Executive Order No. 53, North Carolina Interagency Council 
for Coordinating Homeless Programs. 

Executive Order No. 55, North Carolina — Head Start 
Collaboration Project Advisory Council. 

Executive Order No. 56, Governor's Task Force on Health 
Objectives for the Year 2000. 

Executive Order No. 69, Governor's Council on Children, 
Youth, and Families. 

Executive Order No. 75, Creation of Regional Councils and 
a Coordinating Council to Support Sound Environmental 



t 



1412 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



EXECUTIVE ORDERS 



i 



Management in the Albemarle-Pamlico Estuarine Study Region. 
Executive Order No. 76, North Carolina Motor Carrier 
Advisory Committee. 

This order shall be effective the first day of January, 1998. 

Done in Raleigh, North Carolina, this the 19th day of 
December, 1997. 



> 



4 



12:15 NORTH CAROLINA REGISTER February 2, 1998 1413 



IN ADDITION 



f 



U.S. Department of Justice 
Civil Rights Division 

Voting Section 

PO. Box 66128 

Washington D. C. 20035-6128 



IKP:DHH:EAM:emr 
DJ 166-012-3 
97-3354 
97-3654 

December 10, 1997 



David A. Holec, Esq. 

City Attorney 

P. O. Box 7207 

Greenville, North Carolina 27835 



Dear Mr. Holec: 

This refers to 15 annexations (Ordinance Nos. 97-75 to 79, 97-94 to 99, and 97-1 10 to 1 13) and their designation to voting 
districts of the City of Greenville in Pitt County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the 
Voting Rights Act, 42 U.S.C. 1973c. We received your submissions on October 14 and November 12, 1997. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. In addition, as authorized by Section 5, we reserve the right to reexamine these submissions if additional 
information that would otherwise require an objection comes to our attention during the remainder of the sixty-day review period. 
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41 and 51.43). 

Sincerely, 

Isabelle Katz Pinzler 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



C 



1414 NORTH CAROLINA REGISTER February 2, 1998 12:15 



IN ADDITION 



\ 



U.S. Department of Justice 

Civil Rights Division 

Voting Section 

PO. Box 66128 

Washington DC. 20035-6128 



BLL:DHH:HEW:jdp 
DJ 166-012-3 
97-3489 



December 23, 1997 



I 



Richard J. Rose, Esq. 

Poyner & Spruill 

P.O. Box 353 

Rocky Mount, North Carolina 27802 

Dear Mr. Rose: 

This refers to four annexations (Ordinance Nos. 0-96-47, 0-97-24, 0-97-32, and 0-97-43); Chapter 255 (1997), which 
authorized the annexation of the area included in Ordinance No. 0-97-43; and the designation of the annexed areas to wards for 
the City of Rocky Mount in Edgecombe and Nash Counties, North Carolina, submitted to the Attorney General pursuant to Section 
5 of the Voting Rights Act, 42 U.S.C. 1973c. We received your submission on October 27, 1997. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement 
of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Bill Lann Lee 

Acting Assistant Attorney General 

Civil Rights Division 

By: 

Elizabeth Johnson 
Chief, Voting Section 



* 



12:15 NORTH CAROLINA REGISTER February 2, 1998 1415 



IN ADDITION 



STATE OF NORTH CAROLINA 

COUNTY OF WAKE 

IN THE MATTER OF 
The Assessment of Additional Income 
Tax Proposed against James E. and 
Dorothy F. Moore for the taxable year 
of 1994 



BEFORE THE 
TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NUMBER 337 



THIS MATTER was heard before the Tax Review Board on Tuesday, September 9, 1997, in the City of Raleigh, Wake 
County, North Carolina, in the office of the State Treasurer. It involved the petition for administrative review filed by James E. 
and Dorothy F. Moore (hereinafter "Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal 
and Administrative Services (hereinafter "Assistant Secretary") entered on February 18, 1997, sustaining the assessment of late 
filing penalties and late payment penalties proposed against the Taxpayers for tax years 1993 and 1994. 

Chairman Harlan E. Boyles, State Treasurer, presided over the hearing with Jo Anne Sanford, Chair, Utilities Commission 
and duly appointed member, Noel L. Allen, Attorney at Law participating. 

The Taxpayers were represented at the hearing by Desmond G. Sheridan, attorney at law; George Boylan, Special Deputy 
Attorney General, appeared on behalf of the Department of Revenue. 

The issues presented to the Board regarding this matter were: 

1 . Did the Secretary's Final Decision properly sustained the Department's assessment of late filing and late payment 
penalties proposed against the Taxpayers for tax year 1994? 

2. Did the Secretary of Revenue abuse her discretion by not waiving or reducing the penalties assessed against the 
Taxpayers? 

The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary of 
Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue laws. The scope 
of administrative review for petitions filed with the Tax Review Board is governed by G.S. §105-241 .2(b2). After the Board has 
conducted a hearing, G.S. §105-241. 2(b2) states in pertinent part: 

(b2). ... "the Board shall confirm, modify, reverse, reduce or increase the assessment or 
decision of the Secretary." 

AND IT APPEARING TO THE TAX REVIEW BOARD, after review of the petition, briefs, record filed in this matter 
and the Secretary's Final Decision, that the findings of fact made by the Assistant Secretary were fully supported by competent 
evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact, 
and that the decision of the Assistant Secretary was fully supported by the conclusions of law; 

IT IS THEREFORE ORDERED, that the Final Decision of the Assistant Secretary is CONFIRMED in every respect. 

Entered this the 16th day of December . 1997. 

TAX REVIEW BOARD 

/s/Harlan E. Boyles, Chairman 

/s/Jo Anne Sanford, Chair 
Utilities Commission 

/s/Noel L. Allen, member 



1416 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



IN ADDITION 



STATE OF NORTH CAROLINA 



COUNTY OF WAKE 



BEFORE THE 
TAX REVIEW BOARD 



IN THE MATTER OF: 
The Assessment of Additional Income 
Tax Proposed against Joseph N. and 
Anne W. Callicott for the taxable years 
of 1993 and 1994. 



ADMINISTRATIVE 
DECISION NUMBER 338 



THIS MATTER was heard before the Tax Review Board on Tuesday, September 9, 1997, in the City of Raleigh, 
Wake County, North Carolina, in the office of the State Treasurer. It involved the petition for administrative review filed by Joseph 
N. and Anne W. Callicott (hereinafter "Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal 
and Administrative Services (hereinafter "Assistant Secretary") entered on February 18, 1997 disallowing a tax credit claimed on 
the Taxpayers' 1994 return for "other tax payments." 

Chairman Harlan E. Boyles, State Treasurer, presided over the hearing with Jo Anne Sanford, Chair, Utilities Commission 
and duly appointed member, Noel L. Allen, Attorney at Law participating. 

The Taxpayers were represented at the hearing by Desmond G. Sheridan, attorney at law; George Boy Ian, Special Deputy 
Attorney General, appeared on behalf of the Department of Revenue. 

The dispositive issue presented to the Board regarding this matter was whether the Secretary's Final Decision properly 
sustained the Department's assessment of late filing and late payment penalties proposed against the Taxpayer income tax return 
for "other tax payments for tax year 1994. 

The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary of 
Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue laws. The scope 
of administrative review for petitions filed with the Tax Review Board is governed by G.S. §105-241. 2(b2). After the Board has 
conducted a hearing, G.S. § 105-24 1.2(b2) states in pertinent part: 

(b2). ... "the Board shall confirm, modify, reverse, reduce or increase the assessment or 
decision of the Secretary." 

AND IT APPEARING TO THE TAX REVIEW BOARD, after review of the petition, briefs, record filed in this matter 
and the Secretary's Final Decision, that the findings of fact made by the Assistant Secretary were fully supported by competent 
evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact, 
and that the decision of the Assistant Secretary was fully supported by the conclusions of law; 

IT IS THEREFORE ORDERED, that the Final Decision of the Assistant Secretary is CONFIRMED in every respect. 



Entered this the 16th day of December . 1997. 



TAX REVIEW BOARD 

/s/Harlan E. Boyles, Chairman 

/s/Jo Anne Sanford, Chair 
Utilities Commission 

/s/Noel L. Allen, member 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1417 



IN ADDITION 



STATE OF NORTH CAROLINA 

COUNTY OF WAKE 

IN THE MATTER OF: 
The Assessment of Additional Income 
Tax Proposed against Neil J. and 
Suesan M. Nadeau for the taxable year 
of 1994. 



BEFORE THE 
TAX REVIEW BOARD 



ADMINISTRATIVE 
DECISION NUMBER 339 



THIS MATTER was heard before the Tax Review Board on Tuesday, September 9. 1997, in the City of Raleigh, Wake 
County, North Carolina, in the office of the State Treasurer. It involved the petition for administrative review filed by Neil J. and 
Suesan M. Nadeau (hereinafter "Taxpayers") from the Final Decision of Michael A. Hannah, Assistant Secretary for Legal and 
Administrative Services (hereinafter "Assistant Secretary") entered on September 12, 1997 disallowing a tax credit claimed on the 
Taxpayers' 1994 return for "other tax payments." 

Chairman Harlan E. Boyles, State Treasurer, presided over the hearing with Jo Anne Sanford, Chair, Utilities Commission 
and duly appointed member, Noel L. Allen, Attorney at Law participating. 

The Taxpayers were represented at the hearing by Jeffrey E. Marshall, attorney at law; Marilyn R. Mudge, Assistant 
Attorney General, appeared on behalf of the Department of Revenue. 

The dispositive issue presented to the Board regarding this matter was whether the Secretary's Final Decision correctly 
sustained the Department's disallowance of a S690. 1 1 credit claimed by the Taxpayers' on their 1994 individual income tax return 
for "other tax payments for tax year 1994. 

The Tax Review Board, as a quasi-judicial body, provides administrative review to Taxpayers from the Secretary of 
Revenue's decisions sustaining the assessment of tax or additional tax pursuant to the North Carolina Revenue laws. The scope 
of administrative review for petitions filed with the Tax Review Board is governed by G.S. §1 05-24 1.2(b2). After the Board has 
conducted a hearing, G.S. § 105-24 1.2(b2) states in pertinent pan: 

(b2). ... "the Board shall confirm, modify, reverse, reduce or increase the assessment or 
decision of the Secretary." 

AND IT APPEARING TO THE TAX REVIEW BOARD, after review of the petition, briefs, record filed in this matter 
and the Secretary's Final Decision, that the findings of fact made by the Assistant Secretary were fully supported by competent 
evidence in the record, that the conclusions of law made by the Assistant Secretary were fully supported by the findings of fact, 
and that the decision of the Assistant Secretary was fully supported by the conclusions of law; 

IT IS THEREFORE ORDERED, that the Final Decision of the Assistant Secretary is CONFIRMED in every respect. 



Entered this the 16th day of December , 1997. 



TAX REVIEW BOARD 

/s/Harlan E. Boyles, Chairman 

/s/Jo Anne Sanford, Chair 
Utilities Commission 

/s/Noel L. Allen, member 



1418 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. Tfie agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. Tlie required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory 
reference: G.S. 150B-21.2. 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

CHAPTER 34 - STRUCTURAL PEST CONTROL 
DIVISION 

SECTION .0300 - LICENSING AND 
CERTIFICATION 

ADDENDUM TO NOTICE OF TEXT 

A notice of proposed text was published in the January 15, 
1998, issue of the North Carolina Register , at pages 1234-1252 
(12:14 NCR 1234-1252). As set forth in the notice, written 
comments will be received until February 16, 1998, and a 
public hearing will be held on March 4, 1998. After 
consultation with the Office of State Budget and Management, 
the Department has concluded that proposed amendments to 2 
NCAC 34 .0309 and .0313 could affect the expenditures or 
revenues of state or local government funds. The statement 
regarding the fiscal note should have read as follows: 

Fiscal Note: Rules 2 NCAC 34 .0309 and .0313 affect the 
expenditures or revenues of state and local government funds. 
A fiscal note has been prepared and can be obtained from the 
agency. The other proposed rides do not affect the expenditures 
or revenues of state and local government funds. These Rules 
would have an economic impact on all persons affected of less 
than five million dollars ($5,000,000) in a 12-month period. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

~\Jotice is hereby given in accordance with G.S. 150B-21.2 
1 V that the DHHS - Division of Medical Assistance intends to 
amend rule cited as 10 NCAC 26H .0602. Notice of Rule- 
making Proceedings was published in the Register on August 
15, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 1:30 p.m. on February 
18, 1998 at the Kirby Building, 1985 Umstead Drive, Room 
297, Raleigh, NC 27603. 

Reason for Proposed Action: This action is based on a study- 
conducted by the Division of Medical Assistance and results in 
the home health aide prospective rate being more nearlv 
aligned to average industry cost. The proposed change will 
result in annual savings of $900,000 to the Medicaid program. 



Comment Procedures: Written comments concerning this 
rule-making action must be submitted by March 4, 1998 to 
Portia W. Rochelle, Rule-making Coordinator, Division of 
Medical Assistance, 1985 Umstead Drive, Raleigh, NC 27603. 

Fiscal Note: Jliis Rule does affect the expenditures or revenues 
of state and local government funds. This Rule does not have 
a substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0600 - HOME HEALTH PROSPECTIVE 
REIMBURSEMENT 

.0602 REIMBURSEMENT METHODS 

(a) A maximum rate per visit is established annually for each 
of the following services: 

(1) Registered or Licensed Practical Nursing Visit; 

(2) Physical Therapy Visit; 

(3) Speech Therapy Visit; 

(4) Occupational Therapy Visit; 

(5) Home Health Aide Visit. 

(b) The maximum rates for the services identified in 
Paragraph (a) of this Rule are computed and applied as follows: 

( 1 ) Payment of claims for visits is based on the lower of 
the billed customary charges or the maximum rate of 
the particular service. Governmental providers with 
nominal charges may bill at cost. For this purpose, 
a charge that is less than 50 percent of cost is 
considered a nominal charge. For such governmental 
providers, the payment amount is equal to the lower 
of the cost as billed or the applicable maximum rate. 

(2) Maximum per visit rates effective July 1, 1996, for 
Registered or Licensed Practical Nursing, Physical 
Therapy, Speech Therapy, and Occupational 
Therapy and Home H e alth Aid e shall be equal to the 
rates in effect on July 1, 1995. (3} To compute the 
annual maximum rates effective each July 1 
subsequent to July 1, 1996, the maximum rates per 
visit are adjusted as described in Subparagraphs (4), 
(5), and (6) of this Paragraph. 

(3) Maximum per visit rate effective July L, 1996 for 
Home Health Aide shall be equal to the rate in effect 
on July _L 1995. To compute the annual maximum 
rates effective each July I subsequent to July _L 
1996. perform the following steps: 

(A) Sort all providers by the cost per visit using 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1419 



PROPOSED RULES 



the 1994 cost reports (low to high), 

(B) Run a cumulative total on visits from each 
provider based on the sorting. 

(C) When the cumulative total number of visits 
reaches the fiftieth percentile, the cost per visit 
rate associated with that provider shall be 
adjusted as described m Subparagraphs (4). 
(5). and (6) of this Paragraph. 

(4) Each year maximum rates are adjusted by an annual 
cost index factor. The cost index has a labor 
component with a relative weight of 75 percent and 
a non-labor component with a relative weight of 25 
percent. The relative weights are derived from the 
Medicare Home Health Agency Input Price Index 
published in the Federal Register dated May 30, 
1986. Labor cost changes are measured by the 
annual percentage change in the average hourly 
earnings of North Carolina service wages per 
worker. Non-labor cost changes are measured by the 
annual percentage change in the GNP Implicit Price 
Deflator. 

(5) The annual cost index equals the sum of the products 
of multiplying the forecasted labor cost percentage 
change by 75 percent and multiplying the forecasted 
non-labor cost percentage change by 25 percent. For 
services included under Subparagraph (2) of this 
Paragraph, the Thr July 1, 1996 effective rates are 
multiplied by the cost index factor for each 
subsequent year up to the year in which the rates 
apply. For services included under Subparagraph (3) 
of this Paragraph, base year costs per visit are 
multiplied by the cost index factor for each 
subsequent year up. to the year in which rates apply. 

(6) Other adjustments may be necessary for home health 
services to comply with federal or state laws or rules. 

(c) Medical supplies except those related to provision and 
use of Durable Medical Equipment are reimbursed at the lower 
of a provider's billed customary charges or a maximum amount 
determined for each supply item. Fees will be established 
based on average, reasonable charges if a Medicare allowable 
amount cannot be obtained for a particular supply item. 
Estimates of reasonable cost will be used if a Medicare 
allowable amount cannot be obtained for a particular supply or 
equipment item. The Medicare allowable amounts will be those 
amounts available to the Division of Medical Assistance as of 
July 1 of each year. 

(d) These changes to the Payment for Services Prospective 
Reimbursement Plan for Home Health Agencies will become 
effective when the Health Care Financing Administration, US 
Department Health and Human Services, approves amendment 
submitted to HCFA by the Director of the Division of Medical 
Assistance on or about July 1, i996 1997 as #MA 9 G-03 
#MA97-06 wherein the Director proposes amendments of the 
State Plan to amend Payment for Services - Prospective 
Reimbursement Plan for Home Health Agencies. 



c.479, s. 86; 42 C.F.R. 440.70. 

******************** 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Social Senices Commission intends to amend 
rules cited as 10 NCAC 30 .0207; 41A .0007; 41F .0707; 41F 
.0813; 47A .0502; 47B .0102, .0303 - .0305 and .0403. 
Notice of Rule-making Proceedings was published in the 
Register on December 1, 1997. 

Proposed Effective Date: April 1. 1999 

A Public Hearing will be conducted at 10:00 a.m. on March 
5. 1998 at the Albemarle Building, 325 N. Salisbury St., Room 
943-2, Raleigh, NC 27603. 

Reason for Proposed Action: 10 NCAC 30 .0207 - P.L. 104- 
193 proxided states with several options regarding the issuance 
of food stamp benefits to applicants who apply after the 15th 
day of the month. Currently, states may issue the prorated first 
months benefit and the next full month benefit in one allotment 
or issue each allotment as a separate issuance. The proposed 
amendment to 10 NCAC 30 .0207 will allow applicants to 
receive each food stamp allotment as a separate issuance and 
simplify the delivery of food stamp benefits to eligible families. 
Families will receive a separate allotment for each month of 
eligibility thereby enabling them to plan and budget their food 
purchases with the knowledge of their future receipt of food 
stamp benefits. 

10 NCAC 41 A .0007; .0707; and .0813 - With the passage of 
S.L. 1997-110, 41A .0007 needs to be amended to incorporate 
the 10 day rime limit in which to grant or deny a waiver request 
of the family foster home licensure rules. With the passage of 
S.L. 1997-140, 41F .0707 and .0813 need to be amended to 
ensure that any person 18 years or older residing in a family 
foster home are required to have fingerprint based criminal 
history checks. These rules are being proposed for temporary 
amendment to further ensure the protection of thousands of 
children in family foster homes and residential child care 
facilities throughout the State and to comply with the law. 
10 NCAC47A .0502; 47B .0102, .0303 - .0305, .0403 - With 
the passage of S.L. 1997-210, an individual must be a NC 
resident for at least 90 days immediately prior to receipt of 
Special Assistance, or meet one of two exceptions allowed. 
Prior to this change, an individual need only be a NC resident 
with no time restrictions, in order to meet the residency- 
requirement for receipt of Special Assistance. These rules are 
being proposed for amendment so as to comply with the new 
law. 

Comment Procedures: Anyone wishing to comment should 
contact Sharnese Ransome, APA Coordinator, Social Senices 
Commission, NC Dhision of Social Services, 325 N. Salisbury 
St.. Raleigh, NC 27603, phone 919/733-3055. 



Authority G.S. 108A-25(b); 108A-54; 108A-55; S.L. 1985, Fiscal Note: Rules 10 NCAC 30 .0207; 41A .0007; 47A .0502 



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February 2, 1998 



12:15 



PROPOSED RULES 



47B .0102; 47B .0303 - .0305 and. 0403 do not affect the 
expenditures or revenues of state or local government funds. 10 
NCAC 41F .0707 and .0813 do affect the expenditures or 
revenues of state government funds, but do not affect local 
government funds. None of these Rules have a substantial 
economic impact of at least five million dollars ($5, 000, 000) in 
a 12-month period. 

CHAPTER 30 - FOOD ASSISTANCE 

SECTION .0200 - MANUAL 

.0207 COUPON ISSUANCE 

(a) The methods authorized for coupon issuance are on-line 
terminal issuance, authorization to participation card, direct 
mail issuance. 

(b) The county departments may use certified mail where 
neighborhoods or individual households are experiencing loss 
problems. 

£cj Allotments shall be issued for each eligible month. 

Authority G.S. I08A-51; 143B-153; P.L. 104-193; 7 C.F.R. 
274.2; 7 C.F.R. 274.3; U.S.C. 2011-2027. 

CHAPTER 41 - CHILDREN'S SERVICES 

SUBCHAPTER 41 A - IDENTIFYING INFORMATION: 
MANUALS AND FORMS: COVERAGE 

.0007 WAIVER OF LICENSING RULES AND 
APPEALS PROCEDURES 

(a) The Department of Health and Human R e sou r c e s 
Services may allow a waiver to a licensing rule or rules to 
persons subject to licensure pursuant to G.S. 131D, Article 1A 
in accordance with the following criteria: 

(1) persons seeking a waiver must submit a written 
request on a form developed by the Department to 
the Department showing that another way of meeting 
a rule maintains the health, safety, and well-being of 
individuals being served at or above the level 
required by the rule; 

(2) no waiver shall be allowed by the Department to any 
rule based on a standard adopted by the Building 
Code Council and subject to the general supervision 
and enforcement of the Commissioner of Insurance; 

(3) no waiver shall be allowed by the Department to any 
rule governing fire safety; 

(4) no waiver shall be allowed by the Department to any 
rule based upon a standard adopted by the Health 
Services Commission; 

(5) the waiver when allowed remains in effect for the 
term of the license and may be renewed if the 
Department determines that the health, safety and 
well-being of individuals being served are not 
t h r eatened, threatened: and 

(6) upon receipt of the waiver request form, a decision 
to grant or deny the waiver will be made by the 



Department within 10 business days of its receipt. 
(b) The Department of Health and Human Resourc e s 
Services may deny, suspend or revoke a license at any time for 
failure to comply with licensing rules adopted pursuant to G.S. 
13 ID, Article 1A or for operating in a manner that threatens 
the health, safety or well being of individuals in the facility. 

(1) Denial, suspension, or revocation of licensure by the 
Department of Health and Human R e sou r c e s Services 

shall be effected by mailing to the applicant or 
license holder, by certified mail, a notice setting 
forth the particular reasons for such action. Such 
denial, suspension, or revocation shall become 
effective 60 days after the receipt of the notice absent 
a notice as specified in (2) of the Rule. 

(2) At any time prior to the effective date of the denial, 
suspension, or revocation of a license the applicant 
or license holder may petition for a determination of 
his legal rights, privileges, or duties. All petitions 
must be in writing and contain a statement of the 
facts prompting the request sufficient to allow for 
appropriate processing by the Department of Health 
and Human Resou r c e s Services . 

(3) The petition for a hearing shall be filed with the 
Office of Administrative Hearings in accordance with 
G. S. 150B-23 and 26 NCAC 3 .0003. In 
accordance with G. S. 1A-1, Rule 4 (j) 4, the 
petition shall be served on a registered agent for 
service of process for the Department of Health and 
Human R e sou r c e s Services . A list of registered 
agents may be obtained from the Office of 
Legisla t ive and Legal Affairs. 

(4) Procedures for the processing of an appeal of an 
adverse licensing action and for the final decision are 
specified in G. S. 150B, Article 3 and 10 NCAC IB 
.0200. 

Authority G.S. 13 ID, Article 1A; 143B-153; 150B-11; 150B- 
22; 150B-23. 

SUBCHAPTER 41 F - LICENSING OF FAMILY 
FOSTER HOMES 

SECTION .0700 - STANDARDS FOR LICENSING 

.0707 CRIMINAL HISTORIES 

An applicant shall not be eligible for licensure if the 
a pp licant applicant, or any member of the applicant's household 
18 years of age or older , refuses to consent to any criminal 
history check required by G.S. 131D, Art. 1A or if the 
Division of Social Services determines that the a pp lican t 
applicant, or any member of the applicant's household J_8 years 
of age or older is unfit, based on the criminal history, to have 
responsibility for the safety and well-being of children. 

Authority G.S. 131D-10.5; 143B-153; 131D-10.3. 

SECTION .0800 - LICENSrNG REGULATIONS AND 



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NORTH CAROLINA REGISTER 



February 2, 1998 



1421 



PROPOSED RULES 



PROCEDURES 

.0813 CRIMINAL HISTORY CHECKS 

The supervising agency shall carry out the following for all 
foster parents applying for relicensure of a family foster hom e 
ami home, new foster parent a pp licants : applicants and any 
member of the foster parents' or prospective foster parents' 
household 18 years of age or older: 

(1) furnish the written notice as required by G.S. 131D- 
10.3A(e) 

(2) obtain a signed consent form for a criminal history 
check and submit the signed consent form to the 
Division of Social Services; 

(3) obtain two sets of fingerprints on SBI identification 
cards and forward both sets of fingerprints to the 
Division of Social Services. Once an individual's 
fingerprints have been submitted to the Division of 
Social Services, additional fingerprints shall not be 
required; and, 

(4) conduct a local criminal history check through 
accessing the Administrative Office of the Courts and 
the Department of Corrections Inmate/Probation 
Inqui r y Sys t ems Offender Population Unified System 
and submit the results of the criminal history checks 
to the Division of Social Services on the application 
form. 

Authority G. S. 131D-10.5; 143B-153; 131D-10.3. 

CHAPTER 47 STATE/COUNTY SPECIAL 
ASSISTANCE 

SUBCHAPTER 47A - GENERAL PROGRAM 
ADMINISTRATION 

SECTION .0500 - PAYMENT PROCEDURES 

.0502 PAYMENT AUTHORIZATION 

(a) Special assistance shall not be authorized prior to the 
month of application. 

(b) If SSI approval is not pending, and the worker disposes 
of an application after the month of application, special 
assistance may be authorized as much as two months prior to 
the month of disposition. 

(c) If SSI approval has been pending, special assistance may 
be authorized retroactive to the month SSI was approved, if the 
applicant was in domiciliary care and had applied for special 
assistance that month. 

(d) If an applicant enters domiciliary care care, or meets the 
North Carolina residency requirement for Special Assistance. 
after the first day of the month, he shall be eligible only for a 
partial payment for that month from the date of entry entry, or 
the date he meets the residency requirement, to the end of the 
month. The payment shall be computed without considering 
income, disregard, deductions or exemption. 

(e) If a recipient's level of care is determined to no longer be 
domiciliary and a bed is not readily available under the 



Medicaid Program, special assistance shall continue until a bed 
at the appropriate level of care is located. 

Authority G.S. 108A-41(b); 143B-153. 

SUBCHAPTER 47B - ELIGIBILITY DETERMINATION 

SECTION .0100 - APPLICATION PROCESS 

.0102 INITIAL INTERVIEW 

The applicant shall be allowed to have any person(s) of his 
choice participate in the interview. The eligibility specialist 
shall explain the eligibility requirements in easily 
understandable terms. The applicant shall be informed of the 
following: 

(1) He must provide the name of collaterals, such as 
landlords, employers, and others with knowledge of 
his situation. 

(2) It is the county's responsibility to use collateral 
sources to substantiate or verify information 
necessary to establish eligibility, eligibility, except 
that, for an applicant moving to North Carolina to 
join a close relative (parent, grandparent, brother. 
sister, spouse, or child), the close relative must 
provide verification of his or her state residency to 
the county department of social services. Collateral 
sources of information include knowledgeable 
individuals, business organizations, public records, 
and documentary evidence. If the applicant does not 
wish necessary collateral contacts to be made, he can 
withdraw the application. If he denies permission to 
contact necessary collaterals, the application shall be 
rejected due to failure to cooperate in establishing 
eligibility. 

(3) A worker will visit his home or the domiciliary care 
facility. The purpose of the visit is to verify 
eligibility requirements. 

(4) The applicant has the right to: 



(a) 
(b) 



(c) 



(d) 



(e) 



(f) 



Receive assistance if found eligible; 

Be protected against discrimination on the 

ground of race, creed, or national origin by 

Title VI of the Civil Rights Act of 1964; He 

may appeal such discrimination; 

Spend his assistance payment as he wishes, but 

it must be in his best interest and that of his 

family; A substitute payee may be appointed 

for those individuals who cannot manage the 

payment; 

Receive his monthly check in advance until 

the payment is terminated by appropriate 

action; 

Have any information given to the agency kept 

in confidence; 

Appeal, if his assistance will be denied, 

changed or terminated; his payment is 

incorrect based on the county's interpretation 

of state regulations; or his request for a 



1422 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



PROPOSED RULES 



* 



(g) 

(h) 



(5) 



(b) 



change in the amount of assistance was 
delayed beyond 30 days or rejected; 
Reapply at any time, if found ineligible; 
Withdraw from the assistance program at any 
time. 
The applicant's responsibilities. He must: 
(a) Provide the county department, state and 
federal officials the necessary sources from 
which the county department can locate and 
obtain information needed to determine 
eligibility. 

Report to the county department of social 
services any change in situation that may 
affect eligibility for a check within five days 
after it happens. The meaning of fraud shall 
be explained. The applicant shall be informed 
that he may be suspected of fraud if he fails to 
report a change in situation and that in such 
situations, he may have to repay assistance 
received in error and that he may also be tried 
by the courts for fraud. 
Inform the county department of social 
services of any person or organization against 
whom he has a right to recovery. When he 
accepts medical assistance (included with all 
SA except CD), the applicant assigns his 
rights to third party insurance benefits to the 
state. He shall be informed that it is a 
misdemeanor to fail to disclose the identity of 
any person or organization against whom he 
has a right to recovery. 
Immediately report to the county department 
the receipt of a check which he knows to be 
erroneous, such as two checks for the same 
month, or a check in the wrong amount. If he 
does not report such payments, he may be 
required to repay any overpayment. 



Authorin G.S. 108A-41(b); 143B-153. 



(O 



(d) 



Authority G.S. 108A-41(b); 143B-153. 

.0304 AD-SA: GROUP II 

AD-SA Group II coverage shall be provided only for persons 
who are: 

(1) aged 18 or older but under 65; 

(2) residing in domiciliary care facilities; 

(3) receiving SSI or financially ineligible for SSI; 

(4) in need; 

(5) disabled under social security standards; 

(6) not inmates of public institutions; 

(7) not patients in institutions for mental disease; 

(8) residing in North Carolina voluntarily with the intent 
to re main; and remain and meet the North Carolina 
residency requirement for Special Assistance: and 

(9) U.S. citizens or aliens lawfully admitted for 
permanent residence. 

Authority G.S. 108A-41(b): 143B-153. 

.0305 CD-SA: CERTAIN DISABLED 

CD-SA coverage shall be provided only for persons who are: 

(1) Ineligible ineligible for SSI and are not receiving 
SSI; 

(2) hi in need; 

(3) Not not inmates of correctional facilities; 

(4) Not not patients in institutions for mental disease; 

(5) R e siding residing in North Carolina voluntarily with 
the intent to r emain; remain and meet the North 
Carolina residency requirement for Special 
Assistance: and 

(6) U.S. citizens or aliens lawfully admitted for 
permanent residence; and 

(7) Not not receiving Medicaid for the same month. 

Authority G.S. 108A-25; 108A-41(b); 143B-153. 

SECTION .0400 - MIXED BUDGETING: WHEN 
OTHER BUDGET MEMBERS ARE RECIPIENTS 



> 



SECTION .0300 - COVERAGE 

.0303 AA-SA: GROUP II 

AA-SA Group II coverage shall be provided only for persons 
who are: 

( 1 ) aged 65 or older; 

(2) residing in domiciliary care facilities; 

(3) receiving SSI or financially ineligible for SSI; 

(4) in need; 

(5) not inmates of public institutions; 

(6) not patients in institutions for mental disease; 

(7) residing in North Carolina voluntarily with the intent 
to r emain; and remain and meet the North Carolina 
residency requirement for Special Assistance: and 

(8) U.S. citizens or aliens lawfully admitted for 
permanent residence. 



.0403 RESIDENCE 

(a) State Residence Eligibility Requirement. An applican t 
o r r eci p ient must be making his home in No r th Carolina 
volun t a r ily wi t h the in t en t to r emain. — This includes anyon e 
who ente r s No r th Ca r olina b e cause of a job commitment or 
seeking wo r k but is not r eceiving assistance f r om another stat e . 
individual must be a resident of North Carolina for at least 90 
days immediately prior to receiving Special Assistance, except 
for Subparagraphs (1) and (2) of this Paragraph. 

(1) A person coming to North Carolina to join a close 
relative (parent, grandparent, brother, sister, spouse. 
or child) who has resided in North Carolina for at 
least 180 consecutive days immediately prior to the 
person's application is exempt from the 90-day 
residency requirement. 

(2) A person discharged from a State facility, as listed 
under G.S. 122C-181, who was a patient in the 



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NORTH CAROLINA REGISTER 



February 2, 1998 



1423 



PROPOSED RULES 



facility as a result of an interstate mental health 
compact is exempt from the 90-day residency 
requirement. 

(b) Moving Into, Visiting In , or Moving Out of North 
Carolina. 

(1) Moving into or visiting in North Carolina from other 
states. 

(A) An individual who moves to or visits in North 
Carolina cannot be Group I regardless of his 
status in the previous state. 

(B) If an individual moves to North Carolina 
voluntarily and states his intent to remain, he 
is a resident of North Carolina. This includes 
anyone who enters North Carolina because of 
a job commitment or seeking work but is not 
receiving assistance from another state. He 
must apply at the county department of social 
services in the county in which he resides. 

(C) An individual visiting in the state without a 
stated intent to remain is ineligible for SAr 
Special Assistance. 

(2) An individual who moves to another state and 
intends to remain there is not eligible for Special 
Assistance. 

(c) County Residence Eligibility Requirement. 

(1) An individual ordinarily has residence in the county 
in which he resides. However, if he is in a hospital, 
mental institution, intermediate care facility, skilled 
nursing home, boarding home, confinement center or 
similar facility, the county in which the facility is 
located may not be his legal residence. Except for 
(2) and (3) of this Paragraph, the county of legal 
residence would be the county in which the 
individual lived in private living arrangements prior 
to entering a facility. 

(2) A woman in domiciliary care has the county 
residence of her husband. 

(3) If a disabled adult child (DAC) has remained in a 
facility (Example: domiciliary care), he remains a 
resident of the county and state in which his parent(s) 
had residence immediately prior to his reaching age 
18. If he as an adult is entering domiciliary care and 
it is not possible to trace his county of residence as a 
minor, he may establish residence based on his intent 
to remain regardless of his parent's current legal 
residence. 

(d) Temporary Absence. 

(1) A domiciliary care applicant or recipient shall not 
receive Special Assistance for days he is not living in 
the rest home unless he is expected to return within 
one mon t h. 30 days. 

(2) Temporary absence from the state or county of 
residence with subsequent return or intent to return 
does not make a €& Certain Disabled recipient in a 
private living arrangement ineligible. 

(e) Verification. The worker shall accept the applicant's or 
recipient's statement unless there is some reason to doubt it. If 



there is doubt, documentary evidence shall be required. If a 
6B Certain Disabled recipient's visit to another county within 
the state or to another state exceeds three months, the eligibility 
specialist in the responsible county shall verify the following: f 

(1) the recipient's intent to return; V 

(2) reason for the continuing absence; and 

(3) the continuing maintenance of a home in the first 
county. 

Authority G.S. 108A-41; 108A-41(b); 143B-153. 



TITLE 11 - DEPARTMENT OF INSURANCE 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the North Carolina Department of Insurance intends 
to adopt rules cited as 11 NCAC 12 .1801 - .1804. Notice of 
Rule-making Proceedings was published in the Register on 
December 1, 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on February 
24. 1998 at the 3rd Floor Hearing Room, Dobbs Bldg. , 430 N. 
Salisbury St., Raleigh, NC 27611. 

Reason for Proposed Action: Senate Bill 932, Session Law 
1997-519 requires the adoption of these rules. 

Comment Procedures: Written comments should be sent to m 
Mark Payne, Managed Care Division, NC Department of 
Insurance, 111 Seaboard Avenue, Raleigh, NC 27604, (919) 
715-0526. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 12 - LIFE AND HEALTH DIVISION 

SECTION .1800 - PPO BENEFIT PLAN PRODUCT 
LIMITATIONS 

.1801 APPLICABILITY 

This Section applies to any insurer or service corporation 
that, under G.S. 58-50-56. offers a preferred provider benefit 
plan. 

Authority G.S. 58-2-40; 58-50-56. 



.1802 DEFINITIONS 

The definitions contained in G.S. 



58-50-56(a) are 
incorporated into this Section by reference: and as used in this 
Section, the following terms have the meanings ascribed to 
them: 

( 1) "Coinsurance" means the percentage of an allowed 



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February 2, 1998 



12:15 



PROPOSED RULES 



charge or expense, or usual and customary charge for 
a covered health care service that an enrollee must 
pay, 

(2) "Copavment" means a fixed dollar amount that an 
enrollee must pay each time a covered health care 
service is provided. 

(3) "Deductible" means a specified amount of covered 
health care services, expressed in dollars, that must 
be incurred by an enrollee before the insurer will 
assume any financial liability for all or part of 
covered health care services. 

(4) "Emergency health care services" means those 
services as defined and delivered in accordance with 
G.S. 58-3-190. 

(5) "Enrollee" means an individual who is covered by a 
PPO benefit plan. 

(6) "In-network covered services" means covered health 
care services that are received according to the rules 
of the health benefit plan from providers employed 
by. under contract with, or approved in advance by 
the insurer: and means emergency health care 
services regardless of the status or affiliation of the 
provider of such services. 

(7) "Out-of-network covered services" means non- 
emergency . medically necessary covered health care 
services that are not received according to the rules 
of the health benefit plan, including services from 
affiliated providers that are received without the 
approval of the insurer. 

(8) "Out-of-pocket expense" means a specified dollar 
amount of coinsurance incurred and payable by an 
enrollee for covered health care services in a 
specified period. Out-of-pocket expense may or may 
not include deductible amounts, copavment amounts, 
charges in excess of the amount allowed by the 
insurer, amounts exceeding the maximum benefits. 
or any other disallowed or noncovered expenses 
under the rules of the health benefit plan. 

(9) "PPO benefit plan" has the same meaning as 
"preferred provider benefit plan" in G.S. 58-50- 
56(a)(3). 

Authority G.S. 58-2-40; 58-50-56. 

.1803 GENERAL REQUIREMENTS 

No insurer shall provide any PPO benefit plan unless h 
complies with the following: 

(1) Where the covered benefits of a PPO benefit plan 
include coinsurance, the difference in coinsurance 
rates between in-network covered services and out- 
of-network covered services shall not exceed 30 
percentage points. 

(2) If the schedule of benefits for a PPO benefit plan 
imposes a deductible for in-network covered 
services, the amount of any separate annual 
deductible per enrollee or per family for out-of- 
network covered services may not exceed two times 



£3J if 



£4} The 



(5) If there are 



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m 



12) 



(10) 



111] 



the amount of the annual per enrollee or per family 
deductible applied to in-network covered services. 
If the schedule of benefits for a PPO benefit plan 
does not include an annual deductible for in-network 
covered services, the annual deductibles for out-of- 
network covered services shall not exceed two 
hundred and fifty dollars ($250.00) per enrollee and 
the family deductible may not exceed seven hundred 
and fifty dollars ($750.00). 

The portion of any charge for out-of-network 
covered services to be applied to an annual 
deductible may be based on actual charges or the 
insurer's usual and customary charges. 
If there are benefit maximums for in-network 
covered services, the amount of any annual and 
lifetime maximum limits for out-of-network covered 
services shall not be less than one-half of the amount 
of any annual and lifetime maximum limits for in- 
network covered services. 

If a PPO benefit plan includes copayments for both 
in-network covered services and out-of-network 
covered services, the amount of the copavment for an 
out-of-network covered service shall not exceed the 
copavment for an in-network covered service by 
more than twenty dollars ($20.00) or one hundred 
percent (100%). whichever is less. 
If the schedule of benefits for a PPO benefit plan 
limits the annual out-of-pocket expenses of enrollees 
to a maximum amount for in-network covered 
services, the amount of any separate annual out-of- 
pocket maximum for out-of-network covered services 
may not exceed two times the maximum amount for 
in-network covered services. 
If the schedule of benefits for a PPO benefit plan 
does not include an annual maximum limit on out-of- 
pocket expenses for in-network covered services, the 
maximum limit on out-of-pocket expenses for out-of- 
network covered services shall not exceed one 
thousand two hundred and fifty dollars ($1.250) per 
enrollee or three thousand seven hundred and fifty 
dollars ($3.750) p er family. 

An insurer offering a PPO benefit plan may limit 
coverage for annual physicals and health screenings 
performed for preventative purposes to those services 
provided on an in-network basis, except that services 
provided in connection with mandated benefits must 
be available on both an in-network and out-of- 
network basis. An insurer shall provide coverage on 
both an in-network and out-of-network basis for all 
other covered services. 

Covered services not reasonably available through 
providers affiliated or contracted with the insurer 
shall be covered on an in-network basis, as provided 
in G.S. 58-3-200(d). 

PPO benefit plans shall give enrollees the option to 
choose in-network covered services or out-of- 
network covered services each time those covered 



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February 2, 1998 



1425 



PROPOSED RULES 



111 



services are authorized, obtained, or rendered; and 
shall not require enrollees to obtain insurer approval 
to exercise that option. 

An insurer offering a PPO benefit plan shall not 
impose different medical management requirements, 
including utilization review criteria or prior approval 
requirements, for out-of-network covered services 
than are imposed on in-network covered services. 
Those medical management requirements shall not 
restrict enrollees' abilities to seek covered services 
on out-of-network bases. 



Authority G.S. 58-2-40; 58-50-56. 

. 1 804 DISCLOSURE REQUIREMENTS 

(a) Every explanation of benefits shall contain an 
explanation of coverage for out-of-network covered services 
that allows each enrollee to determine his or her obligations 
with respect to those services. 

(b) Marketing materials, evidences of coverage, enrollee 
handbooks, and other materials given to enrollees by an insurer 
that offers a PPO benefit plan shall contain a clear and 
comprehensive explanation of the PPO benefit plan. The 
explanation shall include the following information: 

(1) the method of reimbursement, including whether 
actual charges or usual and customary charges are 
used in making all benefit calculations: 
applicable coinsurance, copayment. and deductible 
amounts: 

any other uncovered costs or charges: 
the covered health care services that an enrollee may 
receive on an out-of-network basis, including 
whether or not annual physicals and health screenings 
are available out-of-network; and 
instructions for submittal of claims for out-of- 
network covered services. 



01 

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ill 



Authority G.S. 58-2-40; 58-3-191 (b). 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Substance Abuse Professional 
Certification Board intends to adopt rules cited as 21 NCAC 
68 .0301 - .0307 and to amend 21 NCAC 68 .0101, .0602 - 
.0603. .0608. Notice of Rule-making Proceedings was 
published in the Register on December 1. 1997. 

Proposed Effective Date: August 1, 1998 

A Public Hearing will be conducted at 10:00 a.m. on March 
6. 1998 at the Nick's Cuisine, 2699 Ramada Rd., Burlington, 
NC 27216. See Maitre d' for room designation . 

Reason for Proposed Action: Rules .0101. .0301 - .0307 - to 
establish the certification process for clinical additions 



specialists are mandated by the passage of Senate Bill 712. 
Rules . 0602 - . 0603, . 0608 - the Board also intends to amend 
rides addressing issues of ethics, selection of members to the 
Board, certification, education, grounds for discipline and 
disciplinary procedures and appeals process to refine existing 
rules and clarify agency policy. 

Comment Procedures: Written comments may be sent to Ann 
Christian, Rule-making Coordinator, PO Box 2455, Raleigh, 
NC 27602. Oral and written comments may also be presented 
at the public hearing on March 6, 1998. All comments must be 
received no later than the conclusion of the public hearing. 

Fiscal Note: These Rules do affect the expenditures or revenues 
of state and local government funds. These Rules do not have 
a substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

CHAPTER 68 - CERTIFICATION BOARD 
FOR SUBSTANCE ABUSE PROFESSIONALS 

SECTION .0100 - GENERAL 

.0101 DEFINITIONS 

As used in the General Statutes or this Chapter, the following 
terms have the following meaning: 

ra-)(l) "Approved Supervisor" means a person who fulfills 
or is in the process of fulfilling the requirements for 
this Board designation pursuant to Rule .021 1 of this 
Chapter by completing its academic, didactic and 
experiential requirements. 

fb->(2) "Assessment" means identifying and evaluating an 
individual's strengths, weaknesses, problems and 
needs for the development of a treatment plan for 
alcohol and drug abuse. 

fO(3) "Board" means the North Carolina Substance Abuse 
Professionals Professional Certification Board. 

fd)(4} "Complainant" means a person who has filed a 
complaint pursuant to these Rules. 

rr>(5) "Consultation" means a meeting for discussion, 
decision-making and planning with other service 
providers for the purpose of providing substance 
abuse services. 

rf>(6) "Crisis" means a decisive, crucial event in the course 
of treatment that th r ea t ens t o , threatens, either 
directly or indirectly related to alcohol or drug use, 
to compromise or destroy the rehabilitation effort. 

(7) "Deemed Status Group" means those persons who are 
credentialed as a clinical addictions specialist because 
of their membership in a deemed status discipline. 

tgi — "Form" means an wri t ten inst r ument a ppr oved by the 
Boa r d. 

(8) "Full Time" means 2.000 hours per year. 

rM(9) "Hearing Committee" means a committee comprised 
of three members of the Board appointed by the 
President to hear an appeal from the Ethics 
Committee. 



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12:15 



PROPOSED RULES 



* 



(10) "Letter of Reference" means a letter that recommends 
a person for certification. 

(11) "Membership In Good Standing" means a member's 
certification is not in a state of revocation, lapse, or 
suspension. However, an individual whose 
certification is suspended and the suspension is 
stayed is a member in good standing during the 
period of the stay. 

£12} "Passing Score" means the score set by the entity 
administering the exam. 

fr) (13) "President" means the President of the No r th 
Carolina Substanc e Abuse P r ofessionals Ce r tification 
Board. 

fo (14) "Referral" means identifying the needs of an 
individual that cannot be met by the counselor or 
agency and assisting the individual to utilize the 
support systems and community resources available. 

(k)LL5) "Reprimand" means a formal written warning from 
the Board to a person certified by the Board. 

<-B (16) "Respondent" means a person who is certified by the 
Board against whom a complaint has been filed. 
trrr H17) "Substance Abuse Counseling Experience" means 
approved supervised experience that may be full-time 
full time or part-time, paid or voluntary, and must 
include all of the 12 core functions (Rule .0205 of 
this Chapter) as documented by a job description and 
supervisor's evaluation. 

frr) (18) "Supervised Practical Training" means supervision to 
teach the knowledge and skills related to substance 
abuse professionals at a ratio of one hour of 
supervision to every 10 hours of practice for 300 
practice hours. 

ttr) (19) "Suspension" means a t ime-limited loss of 
certification or the privilege of making application 
for ce r tifica t ion for u p to two y e ars, certification. 

Authority G.S. 90-113.30; 90-113.33; 90-113.40; 90-113.41; 
90-114.41A. 

SECTION .0300 - CLINICAL ADDICTIONS 
SPECIALIST 

.0301 SCOPE 

These Rules apply to a person seeking certification as a 
clinical addictions specialist and a professional discipline 
seeking deemed status. 

Authority G.S. 113.30; 90-113.40; 90-113.41A. 



.0302 DEFINITIONS 

In addition to the definitions in G.S. 



90. Article 5C and Rule 



> 



.0101 of this Chapter, the following definitions apply: 
LU "Section 17" means S.L. 1997. c. 492. s. 17. 
[2j "Section 18" means S.L. 1997. c. 492. s. 18. 

Authority S.L. 1997, c. 492. 



.0303 APPLICATION FOR DEEMED STATUS BY 
PROFESSIONAL DISCIPLINE 

(a) Any professional discipline seeking deemed status shall 
forward a letter of intent with a request for an application to 
become a deemed status organization to the Board. 

(b) As directed by the Board, the discipline shall provide the 
following: 

(1) Documentation that it meets the requirements of G.S. 
90-1 13.41A: 

(2) A copy of the ethical code and statement, if any, it 
requires its members to sign indicating that the 
member will comply with the discipline's code of 
ethics: and, any substantiating data that supports the 
ethical process of the professional discipline: 

(3) Documentation describing the exam process each 
applicant must pass in order to be awarded the 
professional group's substance abuse specialty 
credential. 

(c) A discipline granted deemed status shall provide the 
name of any member whose credential is revoked, suspended or 
denied within 60 days from the date of action. 

(d) The professional discipline, to the extent allowed by its 
statutes and rules, shall provide any information requested by 
the Board that has been submitted to the professional discipline 
regarding the complaint against Us member, subsequent to the 
disposition of the complaint. 

(e) If no information has been received by the Board within 
six months, or the Board is not satisfied with the disposition of 
the complaint, the Board reserves the right to initiate its own 
disciplinary action. 

Authority G.S. 90-113.32; 90-113.33; 90-113. 41A; 90-113.43. 

.0304 THREE- YEAR STANDARDS REVIEW OF 
DEEMED STATUS STANDING 

(a) The Standards and Credentialing Committee of the Board 
shall review the standards of each professional discipline every 
third year as required in G.S. 90-1 13.41 A. 

(b) The Board shall send notice to the discipline 90 days m 
advance of the end of the three-year period following the date 
deemed status was granted or renewed. 

(c) The discipline shall report current standards, including 
an update of ali information originally required. 

(d) The Board may require further substantiation and 
explanation of this data. 

Authority G.S. 90-113.32; 90-113.33; 90-113. 41A; 90-113.43. 

.0305 CERTIFICATION REQUIREMENTS FOR 
INDIVIDUAL APPLICANT 

in addition to meeting the requirements of G.S. 90-1 13.40. 
an applicant seeking certification as a clinical addictions 
specialist shall submit the following, if applicable: 

( 1 ) Documentation evidencing membership in good 
standing in the professional discipline if seeking 
certification pursuant to Sections 17 or jJL 

(2) Documentation evidencing that 12 hours of 



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February 2, 1998 



1427 



PROPOSED RULES 



HIV/AIDS training and education and six hours of 
professional ethics training were included in the 180 
hours completed for certification in the core 
competencies by the applicant not in the deemed 
status group; 

(3) Copy of a substance abuse specialty certificate or its 
equivalent; 

(4) Copy of his or her masters' or doctorate degree 
diploma; 

(5) Completed registration form; 

(6) Statement that the applicant is a North Carolina 
resident with the address set forth; and 

(7) Payment of the following fees: 

(a) All applicants who are in the deemed status 
group shall make payment of a non-refundable 
application fee of ten dollars ($10.00) and 
payment of a non-refundable certification fee 
of forty dollars ($40.00). 

(b) All other applicants shall make payment of a 
non-refundable application fee of twenty-five 
dollars ($25.00) and payment of a non- 
refundable certification fee of one hundred 
dollars ($100.00). 

(c) All applicants seeking certification pursuant to 
Criteria A of G.S. 90-113.40(0 shall make 
payment of a non-refundable written 
examination fee of one hundred dollars 
($100.00) and payment of a non-refundable 
oral examination fee of one hundred dollars 
($100.00). 

(d) All applicants seeking certification pursuant to 
Criteria B of G.S. 90-113.40(0 shall make 
payment of a non-refundable written 
examination fee of one hundred dollars 
($100.00). 

(e) All applicants seeking certification pursuant to 
Criteria C of GJL 90-113.40(0 shall make 
payment of a non-refundable oral examination 
fee of one hundred dollars ($100.00). 

Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.40; 
90-113.41; 90-113.43. 

.0306 RENEWAL OF INDIVIDUAL CERTIFICATION 
AS CLINICAL ADDICTIONS SPECIALIST 

(a) An applicant who is in the deemed status group shall 
submit the following even' two years: 

( 1) A completed application form and copy of current 
substance abuse certification from the applicant's 
deemed status professional discipline. 

(2) A non-refundable recertification fee of thirty-five 
dollars ($35.00). 

(b) All other individual applicants shall: 

( 1) Renew certification as classified by the criteria for 
their original certification every two years. 

(2) Document completing 40 hours of education 
approved by the Board pursuant to Section .0400. 



during the current certification period. A minimum 
of 30 hours shall be substance abuse specific. This 
education may include a combination of hours 
including attending workshops, receiving clinical 
supervision and providing workshops. 

(3) Meet recertification educational guidelines as a 
substance abuse professional as follows: 

(A) No more than 25 percent or 10 hours may be 
inservice education, received within the 
applicant's organization by. staff of the same 
employment. 

(B) No more than 25 percent or JO hours 
receiving supervision with two hours of 
supervision translating to one hour of 
education. 

(C) No more than 25 percent or 10 hours of 
workshop presentation with two hours of 
presentation translating to one hour of 
education. Workshop presentation shall be a 
part of an event pre-approved by the Board 
pursuant to Rule .0213 of thjs Chapter. 

(D) No more than 25 percent or JO hours of 
Alcohol/Drug Education Traffic School 
(ADETS) and Drug Education School (PES) 
events. 

(E) All applicants shall include six hours of 
HIV/AIDS training and education and three 
hours of professional ethics training and 
education for each certification. 

(4) A completed application form with continuing 
education documented. 

(5) A non-refundable one hundred ($100.00) 
recertification fee. 

Authority G.S. 90-113.30; 90-113.33; 90-113.38; 90-113.41A; 
90-113.43. 

.0307 REVOCATION OF CREDENTIAL WHEN 
CHANGE EM STATUS 

(a) Any clinical addictions specialist credentialed pursuant 
to deemed status who is no longer a member in good standing 
of his or her professional discipline may be subject to 
revocation of the credential. 

(b) Any clinical addictions specialist who is credentialed 
pursuant to the deemed status criteria may lose this credential 
if the professional discipline loses its deemed status standing. 

(c) Any clinical addictions specialist whose certification is 
obtained pursuant to the deemed status criteria and whose 
certification may- be revoked or is revoked as a result of loss of 
membership in good standing with the professional discipline 
or loss by the professional discipline of its deemed status 
standing, may- apply for certification pursuant to G.S. 90- 
1 13.40(c)( 1 ). (2). or (3) or S.L. 1997. c, 492. s. 17 or 18. 
This individual shall submit a completed application for 
certification within 60 days from the date notice of loss of the 
individual's membership or notice of the loss of deemed status 
by the professional group is received by the member of the 



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PROPOSED RULES 



professional discipline. 

Authority G.S. 90-113.30; 90-113.40; 90-113.41; 90-113.41A; 
S.L. 1997. c. 492, s.17; S.L. 1997. c. 492. s.18. 

SECTION .0600 - GROUNDS FOR DISCIPLINE AND 
DISCIPLINARY PROCEDURES 

.0602 COMPLAINT PROCEDURES 

(a) Initiation. Any individual with personal knowledge that 
any person has violated the Code of Ethics, any other rules of 
the Board, or G.S. 90, Article 5C; may file a complaint against 
the substance abuse professional by submitting a written 
complaint. 

(b) Form. The complaint shall be in writing, stating the 
nature of the alleged offense and signed by the complainant. 
The complaint shall include: 

(1) The name, address, and telephone number of the 
complainant; 

(2) The name, address, and telephone number of the 
person against whom the complaint is made; 

(3) A statement of the facts which clearly and accurately 
describes the allegations against the person. 

(c) The complaint shall be investigated as set out in Rule 
.0603 of this Section. 

(d) Once the Ethics Committee concludes there is a sufficient 
basis to schedule a disciplinary hearing before the Board, the 
Committee Chairperson shall notify the person against whom 
the complaint is mad e by ce r tified mail. made. The notice to 
the respondent shall include the following: 

(1) State the section(s) of the Code of Ethics, other rules 
of the Board, or G.S. 90, Article 5C which the 
complaint alleges has been violated; 

(2) A copy of the complaint; 

(3) Direct that the respondent reply in writing and by 
certified mail within 30 days of receipt of this notice; 

(4) Inform the respondent that failure to respond in 
writing within 30 days may result in revocation of 
certification. 

(e) Notice shall be given personally or by. certified mail. If 
given by certified mail, it shall be deemed to have been given 
on the delivery date appearing on the return receipt, if giving 
of notice cannot be accomplished either personally or by 
certified mail, a notice that a complaint has been brought 
against the respondent shall then be given by publication. 

A party that cannot with due diligence be served by personal 
delivery or certified mail may be given notice to respond to a 
complaint by publication. Service of notice by publication shall 
consist of publishing a notice by publication once a week for 
three successive weeks in a newspaper that is qualified for legal 
advertising in accordance with G.S. 1-597 and G.S. 1-598 and 
circulated in the area where the party to be served is believed 
by the serving party to be located, or if there is no reliable 
information concerning the location of the party then in a 
newspaper circulated in the county of respondent's last address 
provided to the Board by the respondent. There shall be mailed 
to the party at or immediately prior to the first publication a 



copy of the notice to respond by publication to the respondent ' s 
last known address. Upon completion of such service there 
shall be filed with the Board by the Ethics Committee 
Chairperson an affidavit showing the publication and mailing 
substantially in accordance with the requirement of G.S. li 
75. 10(2), the circumstances warranting the use of service by 
publication, and information, if any, regarding the location of 
the party served. 

The notice shall include a statement by the Board that a 
complaint has been made against the respondent that is 
scheduled to be heard by the Board within 90 days. The notice 
shall inform respondent that respondent shall be given 30 days 
from the date of the last date of publication in which to respond 
to the service by publication for the purpose of notifying the 
Board of respondent's whereabouts. Response shall be made in 
writing to the Board at the address provided by the Board in its 
notice. 

If respondent provides the Board with information whereby 
respondent can be served by the deadline specific in the notice, 
the Board shall provide notice either personally or by certified 
mail as provided in Paragraph (d) of this Rule. Failure of 
respondent notified by publication of a complaint brought by 
the Board shall be treated as a failure of respondent to reply to 
the charges. 

fe-Hf) Failure of the respondent to reply to the charges, 
including each specific allegation, may be considered an 
admission of the facts contained in the allegation(s). 

Authority G.S. 90-113.30; 90-113.33; 90-113.44; 90-113.45. 

.0603 INVESTIGATION OF COMPLAINT 

(a) The Ethics Committee Chairperson, in consultation with 
the President and legal counsel, shall investigate the allegations 
in the complaint. The Chairperson may appoint any person(s) 
or name a subcommittee to serve as the investigating entity and 
to prepare an investigative report. 

(b) The investigating entity may contact the complainant and 
person against whom the complaint is made. 

(c) Upon completion of the investigation, the Ethics 
Committee Chairperson in consultation with the investigating 
entity may determine that: 

(1) The complaint is without merit. The Chairperson 
shall notify the complainant that the complaint is 
dismissed. The Chairperson shall also notify the 
complainant of the procedure for appeal of the 
dismissal. 

(2) Upon completion of an investigation wherein the 
complaint is not dismissed, the investigating entity 
shall make a written report to the Ethics Committee. 

(d) Those Ethics Committee members who serve on the 
Board shall review the report and may take any of the following 
action : actions: 

(1) Schedule a meeting with the respondent whereby the 
dispute may be settled through informal procedures 
pursuant to G.S. 150B-22: 

Schedule a disciplinary hearing before the Board; 
Dismiss the complaint; or and 



Hi(2j 
r2){3} 



12:15 



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February 2, 1998 



1429 



PROPOSED RULES 



tirj(4) Remand me matter to the investigating entity in order 
to obtain additional evidence sufficient upon which 
to base a decision. 
Authority G.S. 90-113.33; 90-113.34; 90-113.44. 

.0608 CONFIDENTIALITY 

(a) Except to pursue notification of respondent of a 
complaint as set out in Rule .0602 and to share necessary 
information with the complainant and others involved in the 
investigation, at At no time prior to the release of the final 
decision by the Board shall any portion of the action or the 
whole thereof, be made public or be distributed to any persons 
other than the members and chairperson of the involved 
committees, the Committee on Ethics, and its staff. 

(b) Notwithstanding Paragraph (a) of this Rule, all materials 
shall be released as required by the Administrative Procedure 
Act. 

Authority G.S. 90-113.30; 90-113.33; 90-113.34. 



< 



* 



t 



1430 NORTH CAROLINA REGISTER February 2, 1998 12:15 



TEMPORARY RULES 



The Codifier of Rules has entered the following temporary rule(s) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-2 1.1(e), publication of a temporary rule in the North Carolina Register serves as a notice of nde-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 



SECTION .6100 - PLANNING POLICIES AND 
NEED DETERMINATIONS 



Rule-making Agency: Division of Facility Services 

Rule Citation: 10 NCAC 3R .3051, .6101 - .6141 

Effective Date: January 1, 1998 

Findings Reviewed by and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 1 31 E-l 76(25); 131E- 
177(1); 131E-183(b) 

Reason for Proposed Action: The agency has to adopt 
temporary rides to implement the 1 998 State Medical Facilities 
Plan which has to be in place as of January 1, 1998, the 
effective date of the 1998 plan. Temporary rule-making is 
necessary because the annual planning process does not leave 
the Department the time necessary to use permanent nde- 
making. 

Comment Procedures: Questions or comments concerning the 
rules should be directed to: Jackie Sheppard, Rule-making 
Coordinator, Division of Facility Services, 701 Barbour Drive, 
Department of Health and Human Sen-ices, Raleigh, NC 
27603. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF 
NEED REGULATIONS 

SECTION .3000 - PLANNING POLICIES 
AND NEED DETERMrNATIONS 

.3051 APPLICABILITY OF RULES RELATED 
TO THE 1997 STATE MEDICAL 
FACILITIES PLAN 

Rules .3052 through .3054 and .3056 through .3088 of this 
Section apply to certificate of need applications for which the 
scheduled review period b e gins on o r afte r January 1, 1997. 
began during calendar year 1997. In addition, Rule .3055 of 
this Section will be used to implement procedures described 
within it afte r Janua r y 1, 1997. during calendar year 1997. 

History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 2, 1997. 

Temporary Amendment Eff. January 1. 1998. 



.6101 APPLICABILITY OF RULES RELATED 
TO THE 1998 STATE MEDICAL 
FACILITIES PLAN 

Rules .6101 through .6105 and .6107 through .6141 of this 
Section apply to certificate of need applications for which the 
scheduled review period begins during calendar year 1998. In 
addition. Rule .6106 of this Section will be used to implement 
procedures described within it during calendar year 1998. 

History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1. 1998. 

.6102 CERTIFICATE OF NEED REVIEW 
CATEGORIES 

The agency has established 10 categories of facilities and 
services for certificate of need review and will determine the 
appropriate review category or categories for all applications 
submitted pursuant to K) NCAC 3R .0304. For proposals 
which include more than one category, the agency may require 
the applicant to submit separate applications. If it is not 
practical to submit separate applications, the agency will 
determine in which category the application will be reviewed. 
The review of an application for a certificate of need will 
commence in the next review schedule after the application has 
been determined to be complete. The 10 categories of facilities 
and services are: 

(1) Category A. Proposals submitted by acute care 
hospitals, except those proposals included in 
Categories B through H and Category L including 
but not limited to the following types of projects: 
renovation, construction, equipment, and acute care 
services. 

(2) Category |L Proposals for nursing care beds: new 
continuing care facilities applying for exemption 
under 10 NCAC 3R .6134: and relocations of 
nursing care beds under 10 NCAC 3R .6136. 

(3) Category C. Proposals for new psychiatric facilities: 
psychiatric beds in existing health care facilities: new 
intermediate care facilities for the mentally retarded 
(ICF/MR) and ICF/MR beds in existing health care 
facilities: new substance abuse and chemical 
dependency treatment facilities: substance abuse and 
chemical dependency treatment beds in existing 
health care facilities. 

£4j Category D. Proposals for new dialysis stations in 
response to the "county need" or "facility need" 
methodologies: and relocations of existing dialysis 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1431 



TEMPORARY RULES 



stations to another county. 

(5) Category R Proposals for new or expanded inpatient 
rehabilitation facilities and inpatient rehabilitation 
beds in. other health care facilities; and new or 
expanded ambulatory surgical facilities except those 
proposals included in Category H. 

(6) Category F. Proposals for new home health agencies 
or offices, new hospices, new hospice inpatient 
facility beds, and new hospice residential care facility 
beds. 

(7) Category G. Proposals for conversion of hospital 
beds to nursing care under 10 NCAC 3R .6133. 

(8) Category H. Proposals for bone marrow 
transplantation services, bum intensive care services, 
neonatal intensive care services, open heart surgery 
services, solid organ transplantation services, air 
ambulance equipment, cardiac angioplasty 
equipment, cardiac catheterization equipment, heart- 
lung bypass machines, gamma knives, lithotriptors, 
magnetic resonance imaging scanners, positron 
emission tomography scanners, major medical 
equipment as defined in G.S. 13 IE- 176 ( 14f), 
diagnostic centers as defined in G.S. 131E-176 (7a), 
and oncology treatment centers as defined in G.S. 



131E-I76 (18a). 

(9) Category L Proposals involving cost overruns: 
expansions of existing continuing care facilities 
which are licensed by the Department of Insurance at 
the date the application is filed and are applying 
under exemptions from need determinations in 10 
NCAC 3R .6121; relocations within the same county 
of existing health service facilities, beds or dialysis 
stations which do not involve an increase in the 
number of health service facility beds or stations: 
reallocation of beds or services: Category A 
proposals submitted by Academic Medical Center 
Teaching Hospitals designated prior to January L. 
1990; proposals submitted pursuant to K) NCAC 3R 
.6130(c) by Academic Medical Center Teaching 
Hospitals designated prior to January L. 1990: and 
any other proposal not included in Categories A 
through H and Category L 
(10) Category L Proposals for demonstration projects. 

History Note: Authority G.S. 1 31 E-l 76(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January L_ 1998. 



.6103 CERTIFICATE OF NEED REVIEW SCHEDULE 

The agency has established the following review schedules for certificate of need applications. 
(1) Acute Care Beds (in accordance with the need determination in 10 NCAC 3R .6107) 



County 



CON Beginning 
Review Date 



Dare 



July 1. 1998 



(2) Fixed Cardiac Catheterization Equipment (in accordance with need determinations in 10 NCAC 3R .6112) 



Hospital 
Service System 



CON Beginning 
Review Date 



Moses H. Cone Memorial 

High Point Regional 

Cape Fear Valley Medical Center 



April 
April 



1998 
1998 



March 1, 1998 



(3) Radiation Oncology Treatment Centers (in accordance with the need determination in 10 NCAC 3R .6120) 



Radiation Oncology Treatment 
Center Service Area 


CON Beginning 
Review Date 


9 (Cabarrus. Stanly) 


October 1. 1998 



(4) Nursing Care Beds (in accordance with need determinations in 10 NCAC 3R .6121) 

CON Beginning 



1432 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



TEMPORARY RULES 



County 



Review Date 



Caswell 
Cabarrus 
Rowan 
Lee 

Cumberland 
Martin 



April 1. 1998 
August 1. 1998 
April 1. 1998 
March 1. 1998 
March 1. 1998 
September 1. 1998 



(5) Home Health Agency Offices (in accordance with the need determination in 10 NCAC 3R .6123) 



Counties 



CON Beginning 
Review Date 



Cumberland. Hoke, 
Robeson or Scotland 



May 1. 1998 



(6) Detox-Only Beds (in accordance with need determinations in 10 NCAC 3R .6128) 



Mental Health Planning Areas 


CON Beginning 
Review Date 


I (Cherokee. Clav. Graham. Havwood. Jackson. Macon. Swain) 

4 (Henderson. Transylvania) 

5 (Alexander. Burke. Caldwell, McDowell) 

6 (Rutherford. Polk) 

II (Davie. Iredell. Rowan) 
13 (Surrv, Yadkin) 

15 (Rockingham) 

17 (Alamance. Caswell) 

18 (Orange. Person, Chatham) 

20 (Vance. Granville. Franklin. Warren) 

21 (Davidson) 

23 (Bladen. Columbus. Robeson. Scotland) 

26 (Johnston) 

27 (Wake) 

31 (Wayne) 

32 (Wilson. Greene) 

33 (Edgecombe. Nash) 

34 (Halifax) 

35 (Carteret. Craven. Jones. Pamlico) 

36 (Lenoir) 

38 (Bertie. Gates. Hertford. Northampton) 

39 (Beaufort. Hvde. Martin. Tvrrell. Washington) 

40 (Camden. Chowan. Currituck. Dare. Pasquotank. Perquimans) 

41 (Duplin. Sampson) 


June 1, 1998 


June 1 


1998 


June 1 


1998 
1998 


June 1 


June 1 


1998 


June 1 


1998 


June 1 


1998 


June 1 


1998 


June 1 


1998 


June 1 


1998 


May 1 


1998 


Mav 1 


1998 


Mav 1 


1998 


Mav 1 


1998 


Mav 1 


1998 


Mav 1 


1998 


Mav 1 


1998 


Mav 1 


1998 


May 1 
Mav 1 


1998 


1998 


Mav 1 


1998 


Mav 1 


1998 


May 1 


1998 


Mav 1 


L 1998 



(7) Intermediate Care Facility Beds for Mentally Retarded (in accordance with need determinations in 10 NCAC 3R .6129) 



Mental Health Planning Areas 


CON Beginning 
Review Date 


8 (Gaston. Lincoln) 
10 (Mecklenburg) 


June 1, 1998 
June 1, 1998 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1433 



TEMPORARY RULES 



14 (Forsvth. Stokes) 


June 1. 1998 


21 (Davidson) 


June 1. 1998 


24 (Cumberland) 


Mav 1. 1998 


37 (Pitt) 


Mavl_ 1998 



I 



£81 



Applications for certificates of need will be reviewed pursuant to the following review schedule, unless another schedule 
has been specified in Items (1) through (7) of this Rule. 



CON Beginning 


HSA 


HSA 


Review Date 


LILIII 


IV, V, VI 


January 1 







February 1 


A.ILCLI 


G 


March 1 


11 


4LLLH 


April 1 


JLLILI 


n 


May 1 


C 


C.LI 


June 1 


A^C^D^I 


LD 


July 1 


ii 


A^I 


August 1 


ILILI 


ii 


September 1 


J 


B i E i ILLI 


October 1 


A.ILiLI 


— 


November 1 


~ 


A^JLI 


December 1 


CLILI 


C^D^I 



I 



History Note: Authority G.S. 1 31 E-l 76(25); 131E-177(1); 131 E-l 83(b); 
Temporary Adoption Eff. January L_ 1998. 

.6104 MULTI-COUNTY GROUPINGS 

(a) Health Service Areas. The agency has assigned the counties of the state to the following health service areas for the purpose 
of scheduling applications for certificates of need: 







HEALTH SERVICE AREAS (HSA) 




I 


II 


III 


IV 


V 


VI 


Countv 


Countv 

Alamance 
Caswell 
Davidson 
Davie 

Forsvth 

Guilford 

Randolph 

Rockingham 

Stokes 

Surry 

Yadkin 


Countv 

Cabarrus 

Gaston 

Iredell 

Lincoln 

Mecklenburg 

Rowan 

Stanlv 

Union 


Countv 

Chatham 

Durham 

Franklin 

Granville 

Johnston 

Lee 

Orange 

Person 

Vance 

Wake 

Warren 


Countv 

Anson 

Bladen 

Brunswick 

Columbus 

Cumberland 

Harnett 

Hoke 

Montgomery 

Moore 

New Hanover 

Pender 

Richmond 

Robeson 

Sampson 

Scotland 


Countv 

Beaufort 

Bertie 

Camden 

Carteret 

Chowan 

Craven 

Currituck 

Dare 

Duplin 

Edgecombe 

Gates 

Greene 

Halifax 

Henford 

Hvde 


Alexander 


Alleghanv 


Ashe 
Averv 


Buncombe 


Burke 


Caldwell 


Catawba 


Cherokee 


Clay 
Cleveland 


Graham 


Havwood 


Henderson 


Jackson 



♦ 



1434 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



TEMPORARY RULES 



) 



McDowell 


Jones 

Lenoir 

Martin 

Nash 

Northampton 

Onslow 

Pamlico 

Pasquotank 

Perquimans 

Pitt 

Tvrrell 

Washington 

Wavne 

Wilson 


Macon 


Madison 


Mitchell 


Polk 
Rutherford 


Swain 


Transylvania 


Watauea 


Wilkes 


Yancey 





fb) Mental Health Planning Areas. The agency has assigned the counties of the state to the following Mental Health Planning 
Areas for purposes of the State Medical Facilities Plan: 

MENTAL HEALTH PLANNING AREAS 



Area Number Constituent Counties 



1 Cherokee, Clay, Graham, Haywood. Jackson, Macon. Swain 

2 Buncombe, Madison, Mitchell, Yancey 

3 Alleghany, Ashe. Avery. Watauga. Wilkes 

4 Henderson. Transylvania 

5 Alexander. Burke, Caldwell, McDowell 

6 Rutherford, Polk 

7 Cleveland 

8 Gaston, Lincoln 

9 Catawba 

10 Mecklenburg 

1 1 Davie, Iredell, Rowan 
j_2 Cabarrus. Stanly, Union 

13 Surry. Yadkin 

14 Forsyth, Stokes 
J_5 Rockingham 

16 Guilford 

17 Alamance. Caswell 

18 Orange, Person. Chatham 

19 Durham 

20 Vance. Granville. Franklin. Warren 

21 Davidson 

22 Anson, Hoke, Montgomery. Moore. Richmond 

23 Bladen. Columbus. Robeson. Scotland 

24 Cumberland 

25 Lee. Harnett 

26 Johnston 

27 Wake 

28 Randolph 

29 Brunswick. New Hanover. Pender 

30 Onslow 

31 Wayne 

32 Wilson. Greene 



12:15 NORTH CAROLINA REGISTER February 2, 1998 1435 



TEMPORARY RULES 



33 


Edsecombe. Nash 


34 


Halifax 


35 


Carteret. Craven. Jones, Pamlico 


36 


Lenoir 


37 


Pitt 


18 


Bertie. Gates. Hertford. Northampton 


39 


Beaufort. Hvde. Martin. Tvrrell. Washington 


40 


Camden. Chowan, Currituck. Dare. Pasquotank. Perquimans 


11 


DuDlin, Sampson 



I 



(c) Mental Health Planning Regions. The agency has assigned the counties of the state to the following Mental Health Planning 
Regions for purposes of the State Medical Facilities Plan: 

MENTAL HEALTH PLANNING REGIONS (Area Number and Constituent Counties) 



Western (W 



1 Cherokee, Clay, Graham, Haywood, Jackson. Macon. Swain 

2 Buncombe. Madison. Mitchell. Yancey 

3 Alleghany. Ashe. Avery. Watauga. Wilkes 

4 Henderson. Transylvania 

5 Alexander. Burke. Caldwell. McDowell 

6 Rutherford. Polk 

7 Cleveland 

8 Gaston. Lincoln 

9 Catawba 

10 Mecklenburg 

H Davie. Iredell. Rowan 

12 Cabarrus. Stanly. Union 

North Central (NO 



< 



13 Surry. Yadkin 

14 Forsyth. Stokes 

15 Rockingham 

16 Guilford 

17 Alamance. Caswell 

18 Orang e. Person. Chatham 

19 Durham 

20 Vance. Granville. Franklin. Warren 



South Central (SO 



21 Davidson 

22 Anson. Hoke. Montgomery. Moore. Richmond 

23 Bladen. Columbus. Robeson. Scotland 

24 Cumberland 
25. Lee. Harnett 

26 Johnston 

27 Wake 

2§ Randolph 



Eastern (E) 



29 Brunswick. New Hanover. Pender 

3Q Onslow 

3J. Wayne 

32 Wilson. Greene 

33 Edgecombe. Nash 



I 



1436 NORTH CAROLINA REGISTER Februan 2, 1998 12:15 



TEMPORARY RULES 



34 Halifax 

35 Carteret. Craven. Jones. Pamlico 

36 Lenoir 

37 Pjtt 

38 Bertie. Gates. Hertford. Northampton 

29 Beaufort. Hyde. Martin. Tyrrell. Washington 

40 Camden. Chowan. Currituck. Dare. Pasquotank. Perquimans 

41 Duplin. Sampson 



(d) Radiation Oncology Treatment Center Planning Areas. The agency has assigned the counties of the state to the following 
Radiation Oncology Treatment Center Planning Areas for purposes of the State Medical Facilities Plan: 

RADIATION ONCOLOGY TREATMENT CENTER PLANNING AREAS 



Area Number Constituent Counties 



1 Cherokee. Clay, Graham. Jackson. Macon. Swain 

2 Buncombe. Haywood. Madison. McDowell. Mitchell. Yancey 

3 Alleghany. Ashe. Avery. Watauga 

4 Henderson. Polk. Transylvania 

5 Alexander. Burke. Caldwell. Catawba 

6 Rutherford. Cleveland. Gaston. Lincoln 

7 Mecklenburg. Anson. Union 

8 Iredell. Rowan 

9 Cabarrus. Stanly 

10 Forsyth. Davidson. Davie. Stokes. Surry. Wilkes. Yadkin 

11 Guilford. Randolph. Rockingham 

12 Alamance. Chatham. Orange 

13 Durham. Caswell. Granville. Person. Vance. Warren 

14 Moore. Hoke. Lee. Montgomery. Richmond 

15 Cumberland. Bladen. Sampson 

16 Robeson. Scotland 

17 Wake. Franklin. Harnett. Johnston 

18 New Hanover. Brunswick. Columbus. Pender 

19 Wayne 

20 Nash. Halifax. Wilson 

21 Craven. Carteret. Onslow. Jones. Pamlico 

22 Lenoir. Duplin 

23 Pitt. Beaufort. Bertie. Edgecombe. Greene. Hertford. Hyde. Martin. Northampton. Washington 

24 Pasquotank. Camden. Chowan. Currituck. Dare. Gates. Perquimans. Tyrrell 



te) Ambulatory Surgical Facility Planning Areas. The agency has assigned the counties of the state to the following Ambulatory 
Surgical Facility Planning Areas for purposes of the State Medical Facilities Plan: 

AMBULATORY SURGICAL FACILITY PLANNING AREAS 



Area Constituent Counties 



1 Alamance 

2 Alexander. Iredell 

3 Alleghany. Surry . Wilkes 

4 Anson. Cleveland. Gaston. Mecklenburg. Union 

5 Ashe. Avery. Watauga 

6 Beaufort. Hyde 



12:15 SORTH CAROLINA REGISTER February 2, 1998 1437 



TEMPORARY RULES 



Z Bertie. Ga.e-. Herilord 

8 Bladen, Cumberland, Robeson, Sampson 

9 Brunswick, Columbus. Duplin. New Hanover, Pender 

10 Buncombe, Haywood, Madison, Mitchell. Yancey 
: 1 Burke. McDowell. Rutherford 

12 Cabarrus. Rowan. Stanly 

13 Caldwell. Catawba. Lincoln 

14 Camden, Currituck. Dare. Pasquotank. Perquimans 

15 Carteret. Craven. Jones. Onslow. Pamlico 

16 Caswell. Chatham. Orange 

17 Cherokee. Clay. Graham. Jackson. Macon. Swain 

18 Chowan. Tyrrell. Washington 

19 Davidson. Davie. Forsyth. Stokes. Yadkin 

20 Durham. Granville. Person 

21 Edgecombe. Halifax. Nash. Northampton 

22 Franklin. Harnett. Johnston. Wake 

23 Greene. Lenoir. Martin. Pitt 

24 Guilford. Randolph. Rockingham 

25 Henderson. Polk. Transylvania 

26 Hoke. Lee. Montgomery. Moore. Richmond. Scotland 

27 Vance. Warren 

28 Wayne 

29 Wilson 



History Note: Authority G.S. 131E-176(25); 131E-177(I); 131E-183(1): 
Temporary Adoption Eff. Januan ]^_ 1998. 



.6105 SERVICE AREAS AND PLANNING AREAS 

(a) An acute care bed's service area is the acute care bed 
planning area in which the bed is located. The acute care bed 
planning areas are the hospital service systems which are 
defined as follows: 

( 1 ) a group of hospitals located in the same city, or 
within 10 miles of each other, or in the same county 
if one or more hospitals m the county are under 
common ownership: or. 

(2) a single hospital that is not included in one of the 
groups of hospitals described m Subparagraph (a)( 1 ). 

lb> A rehabilitation bed's service area is the rehabilitation 
bed planning area in which the bed is located. The 
rehabilitation bed planning areas are the health service areas 
which are defined in 10 NCAC 3R .6104(a). 

(c) An ambulatory surgical facility's service area is the 
ambulator.- surgical facility planning area in which the facility 
is located. The ambulatory surgical facility planning areas are 
the multi-county groupings as defined in. K) NCAC 3R 
,6104ie). 

(d) A radiation oncology treatment center's and linear 
accelerator's service area is the radiation oncology treatment 
center and linear accelerator planning area in which the facility 
is located. The radiation oncology treatment center and linear 
accelerator planning areas are the multi-county groupings as 
defined in 10 NCAC 3R .6104(d). 

(ei A nursing care bed's service area is the nursing care bed 
planning area m which the bed is located. Each of the 100 



counties in the State is a separate nursing care bed planning 
area. 

£Q The service area for the demonstration project to establish 
a nursing care facility for deaf and hard of hearing is the 
demonstration project planning area. The demonstration 
project planning area consists of all 100 counties of the State. 

(g) A home health agency office's service area is the home 
health agency office planning area in which the office is 
located. Each of the 100 counties in the State is a separate 
home health agency office planning area, except that 
Cumberland. Hoke, Robeson and Scotland Counties constitute 
a single multicounty planning area. 

(h) A dialysis station's service area is the dialysis station 
planning area in which the dialysis station is located. Each of 
the 100 counties in the State is a separate dialysis station 
planning area. 

Hi A hospice's service area is the hospice planning area hi 
which the hospice is located. Each of the 100 counties in the 
State is a separate hospice planning area. 

(j) A hospice inpatient facility bed's service area is the 
hospice inpatient facility bed planning area in which the bed is. 
located. Each of the 100 counties in the State is a separate 
hospice inpatient facility bed planning area. 

(k) A psychiatric bed's service area is the psychiatric bed 
planning area in which the bed is located. The psychiatric bed 
planning areas are the Mental Health Planning Regions which 
are defined in 10 NCAC 3R .6104(c). 

(1) With the exception of chemical dependency 



1438 



SORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



TEMPORARY RULES 



detoxification-only beds, a chemical dependency treatment 
bed's sen ice area is the chemical dependency treatment bed 
planning area in which the bed is located. The chemical 
dependency treatment bed planning areas are the Mental Health 
Planning Regions which are defined in K) NCAC 3R .6104(c). 

(m) A chemical dependency detoxification-only bed's service 
area is the chemical dependency detoxification-only bed 
planning area in which the bed is located. The chemical 
dependency detoxification-only bed planning areas are the 
Mental Health Planning Areas which are defined in JO NCAC 
3R .6104(b). Ill 

(n) An intermediate care bed for the mentally retarded 's 
service area is the intermediate care bed for the mentally 
retarded planning area in which the bed is located. The 
intermediate care bed for the mentally retarded planning areas 
are the Mental Health Planning Areas which are defined in 10 
NCAC 3R .6104(b). 

History Note: Authority G.S. 131E-176(25); 131E-177U); 

131E-183(1): 

Temporary Adoption Eff. Januan. L_ 1998. 

.6106 REALLOCATIONS AND ADJUSTMENTS 

la] REALLOCATIONS. 

( 1 ) Reallocations shall be made only to the extent that 
need determinations in JO NCAC 3R .6107 through 
.6129 indicate that need exists after the inventories 
are revised and the need determinations are 
recalculated. 

(2) Beds or services which are reallocated once in 
accordance with this Rule shall not be reallocated 

again. Rather, the Medical Facilities Planning (6) 

Section shall make any necessary changes in the next 
annual State Medical Facilities Plan. 

(3) Dialysis stations that are withdrawn, relinquished, 
not applied for, decertified, denied, appealed, or 
pending the expiration of the 30 day appeal period 
shall not be reallocated. Instead, any necessary 
redetermination of need shall be made in the next 
scheduled publication of the Semiannual Dialysis 
Report. 

(4) Appeals of Certificate of Need Decisions on 
Applications. Need determinations of beds or 
services for which the CON Section decision has 
been appealed shall not be reallocated until the appeal 
is resolved. 

(A) Appeals Resolved Prior to August 17: if an 
appeal is resolved m the calendar year prior to 
August 17. the beds or services shall not be 
reallocated by the CON Section; rather the 
Medical Facilities Planning Section shall make 
the necessary changes m the next annual State 
Medical Facilities Plan, except for dialysis 
stations which shall be processed pursuant to 
Subparagraph (a)(3) of this Rule. 

(B) Appeals Resolved on or After August 17: Ff 
the a ppeal is resolved on or after August 17 in 



the calendar year, the beds or services, except 

for dialysis stations, shall be made available 

for a review period to be determined by the 

CON Section, but beginning no earlier than 60 

days from the date that the appeal is resolved. 

Notice shall be mailed by the Certificate of 

Need Section to all persons on the mailing list 

for the State Medical Facilities Plan, no less 

than 45 days prior to the due date for receipt 

of new applications. 

Withdrawals and Relinquishments. Except for 

dialysis stations, a need determination for which a 

certificate of need is issued, but is subsequently 

withdrawn or relinquished, is available for a review 

period to be determined by the Certificate of Need 

Section, but beginning no earlier than 60 days from: 

(A) the last date on which an appeal of the notice 
of intent to withdraw the certificate could be 
filed if no appeal is filed. 

(B) the date on which an appeal of the withdrawal 
is finally resolved against the holder, or 

(C) the date that the Certificate of Need Section 
receives from the holder of the certificate of 
need notice that the certificate has been 
voluntarily relinquished. 

Notice of the scheduled review period for the 
reallocated services or beds shall be mailed by the 
Certificate of Need Section to aM persons on the 
mailing list for the State Medical Facilities Plan, no 
less than 45 days prior to the due date for submittal 
of the new applications. 

Need Determinations for which No Applications are 
Received. 

(A) Services or Beds with Scheduled Review in 
the Calendar Year on or Before September _L 
The Certificate of Need Section shall not 
reallocate the services or beds in this category 
for which no applications were received, 
because the Medical Facilities Planning 
Section will have sufficient time to make any 
necessary changes in the determinations of 
need for these services or beds in the next 
annual State Medical Facilities Plan, except 
for dialysis stations. 

(B) Services or Beds with Scheduled Review in 
the Calendar Year After September _L Except 
for dialysis stations, a need determination in 
this category for which no application has 
been received by the last due date for 
submittal of applications shall be available to 
be applied for in the second Category I review 
period in the next calendar year for the 
applicable HSA. Notice of the scheduled 
review period for the reallocated beds or 
services shall be mailed by the Certificate of 
Need Section lo ajj persons on the mailing list 
for the State Medical Facilities Plan, no less 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1439 



aads 



TEMPORARY RULES 



than 45 days prior to the due date for 



m 



submittal of new applications. 
Need Determinations not Awarded 



because 



(£1 



LAI 



Application Disapproved, 

(A) Disapproval in the Calendar Year prior to 
August 17: Need determinations or portions 
of such need for which applications were 
submitted but disapproved by the Certificate 
of Need Section before August 17. shall not 
be reallocated by the Certificate of Need 
Section. Instead the Medical Facilities 
Planning Section shall make the necessary 
changes in the next annual State Medical 
Facilities Plan if no appeal is filed, except for 
dialysis stations. (b) 

(B) Disapproval in the Calendar Year on or After (1) 
August 17: Need determinations or portions 
of such need for which applications were 
submitted but disapproved by the Certificate 
of Need Section on or after August 17, shall 
be reallocated by the Certificate of Need 
Section, except for dialysis stations. A need 
in this category shall be available for a review 
period to be determined by the Certificate of 
Need Section but beginning no earlier than 95 
days from the date the application was 
disapproved, if no appeal is filed. Notice of 
the scheduled review period for the 
reallocation shall be mailed by the Certificate 
of Need Section to aU persons on the mailing 
list for the State MedicaJ Facilities Plan, no 
less than 80 days prior to the due date for 
submittal of the new applications. 

18J Reallocation of Decertified ICF/MR Beds, if an £2} 

ICF/MR facility's Medicaid certification is 
relinquished or revoked, the ICF/MR beds in the 
facility shall be reallocated by the Department of 
Health and Human Services. Division of Facility 
Services. Medical Facilities Planning Section 
pursuant to the provisions of the following sub-parts. 
The reallocated beds shall only be used to convert 
five-bed ICF/MR facilities into six-bed facilities. 

(A) If the number of five-bed ICF/MR facilities in 
the mental health planning region in which the 
beds are located equals or exceeds the number 
of reallocated beds, the beds shall be 
reallocated solely within the planning region 
after considering the recommendation of the 
Re gional Team of Developmental Disabilities 
Services Directors. 

(B) If the number of five-bed ICF/MR facilities in (G) 
the mental health planning region in which the 
beds are located is Jess than the number of 
reallocated beds, the Medical Facilities (3) Any 
Planning Section shal l reallocate the excess 
beds to other planning regions after 
considering the recommendation of the 



Developmental Disabilities Section m the 
Division of Mental Health, Developmental 
Disabilities, and Substance Abuse Services. 
The Medical Facilities Planning Section shall 
then allocate the beds among the planning 
areas within those planning regions after 
considering the recommendation of the 
appropriate Regional Teams of Developmental 
Disabilities Services Directors. 
The Department of Health and Human 
Services. Division of Facility Services, 
Certificate of Need Section shall schedule 
reviews of applications for these beds pursuant 
to Subparagraph (a)(5) of this Rule. 
CHANGES IN NEED DETERMINATIONS. 
The need determinations in K) NCAC 3R .6107 
through .6129 shall be revised continuously 
throughout the calendar year to reflect all changes in. 
the inventories of: 



the health services listed at G.S. 131E-176 

health service facilities: 

health service facility beds: 

dialysis stations: 

the equipment listed at G.S. 131E-176 (16)fl: 

and 
(F) mobile medical equipment: 
as those changes are reported 
Facilities Planning Section, 
determinations in f0 NCAC 3R .6107 through 
shall not be reduced if the relevant inventory is 
adjusted upward 30 days or less prior to the first day 
of the applicable review period. 
Inventories shall be updated to reflect: 



to the Medical 
However, need 
6129 



decertification of home health agencies or 
offices, intermediate care facilities for the 
mentally retarded, and dialysis stations: 
delicensure of health service facilities and 
health service facility beds: 
demolition, destruction, or decommissioning 
of equipment as listed at G.S. 131E-176(16) 
fi and s: 

elimination or reduction of a health service as 
listed at G.S. 131E-176H6) f: 
psychiatric beds licensed pursuant to G.S. 
131E-184(c): 

certificates of need awarded, relinquished, or 
withdrawn, subsequent to the preparation of 
the inventories in the State Medical Facilities 
Plan: and 

corrections of errors in the inventory as 

reported to the Medical Facilities Planning 

Section. 

person who is interested in a pplying for a new 

institutional health service for which a need 

determination is made in 10 NCAC 3R .6107 

through .6129 may obtain information about updated 



LAI 

1BJ 
i£l 

an 

IE) 

im 



1440 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



TEMPORARY RULES 



inventories and need determinations from the 
Medical Facilities Planning Section. 
(4) Need determinations resulting from changes in 
inventory shall be available for a review period to be 
determined by the Certificate of Need Section, but 
beginning no earlier than 60 days from the date of 
the action identified in Paragraph (b) of this Rule, 
except for dialysis stations which shall be determined 
by the Medical Facilities Planning Section and 
published in the next Semiannual Dialysis Report. 
Notice of the scheduled review period for the need 
determination shall be mailed by the Certificate of 
Need Section to all persons on the mailing list for the 
State Medical Facilities Plan, no less than 45 days 
prior to the due date for submittal of the new 
applications. 



It is determined that there is no need for additional open heart 
surgery services. 

History Note: Authority G.S. 1 31 E-l 76(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1. 1998. 

.6111 HEART-LUNG BYPASS MACHINES 
NEED DETERMINATION (REVIEW 
CATEGORY H) 

It is determined that there is no need for additional heart-lung 
bypass machines. 

History Note: Authority G.S. 131 E-l 76(25); 1 31 E-l 77(1); 

131E-1830); 

Temporary Adoption Eff. January L. 1998. 



History Note: Authority G.S. 131 E-l 76(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6107 ACUTE CARE BED NEED DETERMINATION 
(REVIEW CATEGORY A) 

It is determined that a need exists in Dare County for one 
acute care hospital of not more than 30 acute care beds. It is 
determined that no need exists in any other county for 
additional acute care beds. 

History Note: Authority G.S. 131 E-l 76(25); 131E-177(1); 
) 131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6108 REHABILITATION BED NEED 

DETERMINATION (REVIEW CATEGORY E) 

It is determined that there is no need for additional 
rehabilitation beds. 



.6112 FIXED CARDIAC CATHETERIZATION 
EQUIPMENT AND FIXED CARDIAC 
ANGIOPLASTY EQUIPMENT NEED 
DETERMINATION (REVIEW CATEGORY H) 

It is determined that a need exists for one additional fixed 
unit of cardiac catheterization equipment or one additional fixed 
unit of cardiac angioplasty equipment in each of the hospital 
service systems served by Cape Fear Valley Medical Center. 
Moses H. Cone Memorial Hospital, and High Point Regional 
Hospital, and that these hospitals and any other person may 
apply for a certificate of need to purchase the units, provided 
the units will be located in the hospital service system for 
which the need is identified. This means that any new unit 
must be located within ten miles of a hospital within the 
hospital service system. 

History Note: Authority G.S. 131 E-l 76(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 



History Note: Authority G.S. 131 E-l 76(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1. 1998. 

.6109 AMBULATORY SURGICAL FACILITIES 
NEED DETERMINATION 
(REVIEW CATEGORY E) 

It is determined that there is no need for additional 
ambulatory surgical facilities, except that a Rural Primary Care 
Hospital designated by. the >L C Office of Rural Health 
Services pursuant to Section 1820(f) of the Social Security Act 
may apply for a certificate of need to convert existing operating 
rooms for use as a licensed ambulatory surgical facility. 

History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. Januan L. 1998. 

.6110 OPEN HEART SURGERY SERVICES NEED 

DETERMINATIONS (REVIEW CATEGORY H) 



.6113 MOBILE CARDIAC CATHETERIZATION 
EQUIPMENT AND MOBILE CARDIAC 
ANGIOPLASTY EQUIPMENT NEED 
DETERMINATION (REVIEW CATEGORY H) 

There is no need for any additional mobile cardiac 
catheterization equipment or any additional mobile cardiac 
angioplasty equipment. 

History Note: Authority G.S. 131 E-l 76(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1_^ 1998. 

.6114 BURN INTENSIVE CARE SERVICES 
NEED DETERMINATION (REVIEW 
CATEGORY H) 

it is determined that there is no need for additional burn 
intensive care services. 



History Note: 
131E-183(b); 



Authority G.S. 131 E-l 76(25); 131E-177(1); 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1441 



TEMPORARY RULES 



Temporary Adoption Eff. January L. 1998. 

.6115 POSITRON EMISSION TOMOGRAPHY 
SCANNERS NEED DETERMINATION 
(REVIEW CATEGORY H) 

It is determined that there is no need for additional positron 
emission tomography scanners for purposes other than research. 

History Note: Authority G.S. 1 31 E-l 76(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6116 BONE MARROW TRANSPLANTATION 
SERVICES NEED DETERMINATION 
(REVIEW CATEGORY H) 

It is determined that there is no need for additional allogeneic 
or autologous bone marrow transplantation services. 

History Note: Authority G.S. 131 E-l 76(25); 1 31 E-l 77(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6117 SOLID ORGAN TRANSPLANTATION 
SERVICES NEED DETERMINATION 
(REYIEW CATEGORY H) 

It is determined that there is no need for new solid organ 
transplant services. 



Temporary Adoption Eff. January 1^ 1998. 

.6118 GAMMA KNIFE NEED DETERMINATION 
(REVIEW CATEGORY H) 

It is determined that there is no need for a gamma knife. 



History Note: 
131E-183(b); 



Authority G.S. 131 E-l 76(25); 1 31 E-l 77(1); 



History Note: Authority G.S. 131E-176(25); 1 31 E-l 77(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6119 LITHOTRIPTER NEED DETERMINATION 
(REVIEW CATEGORY H) 

h is determined that there is no need for additional 
lithotripters. 

History Note: Authority G.S. 131E-176(25); 1 31 E-l 77(1); 

131E-183(b); 

Temporary- Adoption Eff. January 1± 1998. 

.6120 RADIATION ONCOLOGY TREATMENT 
CENTERS NEED DETERMINATION 
(REVIEW CATEGORY H) 

It is determined that there is a need for one additional 
Radiation Oncology Treatment Center in Cabarrus County or 
Stanly County. 

History Note: Authority' G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporal Adoption Eff. January 1. 1998. 



.6121 NURSING CARE BED NEED DETERMINATION (REVIEW CATEGORY B) 

It is determined that the counties listed in this Rule need additional Nursing Care Beds as specified. There is no need for 
additional Nursing Care Beds in other counties, except as otherwise provided in K) NCAC 3R .6122. 





Number of Nursing Care 


Countv 


Beds Needed 


Caswell 


20 


Cabarrus 


70 


Rowan 


90 


Lee 


40 


Cumberland 


90 


Martin 


20 



History Note: Authority G.S. 131 E-l 76(25); 131 E-l 77(1); 1 31 E- 183(b); 
Temporary Adoption Eff. January 1. 1998. 



.6122 DEMONSTRATION PROJECT TO 
ESTABLISH A NURSING CARE 
FACILITY FOR PERSONS WHO 
ARE DEAF OR HARD OF HEARING 
(REVIEW CATEGORY J) 

(a) It is determined that 90 nursing care beds are needed for 
a demonstration project to establish one new nursing care 
facility for persons who are deaf or hard of hearing. 

(b) The project may be developed in any. county in the state. 



(c) The nursing care beds in this demonstration project shall 
not be counted in the nursing care bed inventory for the county 
in which the facility is developed. 

(d) Admissions to the nursing care facility shall be restricted 
to persons who are deaf or hard of hearing. "Hard of hearing" 
is defined for purposes of the demonstration project as persons 
with 60 decibel pure tone average in the better ear unaided and 
with a hearing impairment of sufficient degree to interfere with 
normal communication, as defined by speech reception 



1442 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



TEMPORARY RULES 



thresholds. Hearing assessments used for screening admissions 
must be performed by a certified audiologist. 

£e) The demonstration project shall provide data to evaluate 
the effectiveness of this type of program, including an a nnual 
report to the Long-Term Care Committee and to the Division 
of Services for the Deaf and the Hard of Hearing with regard 
to at least the following measures: 
(1) Occupancy Rate: 

Utilization by Percentage of Persons who are Deaf 

and by Percentage of Persons who are Hard of 

Hearing: 

Patient Origin Data: 

Cost Data, particularly with regard to ancillary 

communication services and training: and 

Consumer Satisfaction, including ratings from 

patients and family members. 



Ol 



13J 
14} 

(51 



History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January £,. 1998. 

.6123 HOME HEALTH AGENCY OFFICE 
NEED DETERMINATION (REVIEW 
CATEGORY F) 

It is determined that there is a need for one additional 
Medicare-certified home health agency office to be located in 
Cumberland. Hoke. Robeson or Scotland County, to address 
the special needs of persons who are HIV positive and persons 
with AIDS from this four county area. 

History Note: Authority G.S. 131E-176Q5); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1. 1998. 

.6124 DIALYSIS STATION NEED DETERMINATION 

(a) The Medical Facilities Planning Section (MFPS) shall 
determine need for new dialysis stations two times each 
calendar year, and shall make a report of such determinations 
available to all who request iL This report shall be called the 
North Carolina Semiannual Dialysis Report (SDR). Data to be 
used for such determinations, and their sources, are as follows: 

(1) Numbers of dialysis patients, by type, county and 
facility, from the Southeastern Kidney Council. Inc. 
(SEKC) and the Mid-Atlantic Renal Coalition. Inc. 
as of December 3 1 . 1997 for the March SDR and as 
of June 30. 1998 for the September SDR. 

£2} Certificate of need decisions, decisions appealed, 
appeals settled, and awards, from the Certificate of 
Need Section. DFS. 

(3) Facilities certified for participation in Medicare, 
from the Certification Section. DFS. 

(4) Need determinations for which certificate of need 
decisions have not been made, from MFPS records. 

Need determinations in this report shall be an integral part of 
the State Medical Facilities Plan, as provided in G.S. 131E-183. 

(b) Need for new dialysis stations shall be determined as 
follows: 



(1) County Need 

(A) The average annual rate ( % ) of change in total 
number of dialysis patients resident in each 
county from the end of 1993 to the end of 

1997 is multiplied by the county's 1997 year 
end total number of patients in the SDR, and 
the product is added to each county's most 
recent total number of patients reported in the 
SDR. The sum is the county's projected total 

1998 patients. 

(B) The percent of each county's total patients 
who were home dialysis patients at the end of 

1997 is multiplied by the county's projected 
total 1998 patients, and the product is 
subtracted from the county's projected total 

1998 patients. The remainder is the county's 
projected 1998 in-center dialysis patients. 

(C) The projected number of each county's 1998 
in-center patients is divided by 3.2. The 
quotient is the projection of the county's 1998 
in-center dialysis stations. 

(D) From each county's projected number of 1998 
in-center stations is subtracted the county's 
number of stations certified for Medicare. 
CON-approved and awaiting certification, 
awaiting resolution of CON appeals, and the 
number represented by need determinations in 
previous State Medical Facilities Plans or 
Semiannual Dialysis Reports for which CON 
decisions have not been made. The remainder 
is the county's 1998 projected surplus or 
deficit. 

(E) If a county's 1998 projected station deficit is 
ten or greater and the SDR shows that 
utilization of each dialysis facility in the 
county is 80% or greater, the 1998 county 
station need determination is the same as the 
1998 projected station deficit, if a county's 
1998 projected station deficit is less than ten 
or if the utilization of any dialysis facility in 
the county is less than 80%. the county's 1998 
station need determination is zero. 

(2) Facility Need 

A dialysis facility located in a county for which the 
result of the County Need methodology is zero in the 
reference Semiannual Dialysis Report (SDR) is 
determined to need additional stations to the extent 
that: 

(A) Its utilization, reported in the current SDR, is 
3.2 patients per station or greater. 

(B) Such need, calculated as follows, is reported 
in an application for a certificate of need: 

(i) The facility's number of in-center 
dialysis patients reported in the 
previous SDR (SDR p is subtracted 
from the number of in-center dialysis 
patients reported in the current SDR 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1443 



TEMPORARY RULES 



(SDR i). The difference is multiplied 
by 2 to project the net in-center change 
for 1 year. Divide the projected net in- 
center change for the year by the 
number of in-center patients from 
SDR\ to determine the projected annual 
growth rate. 

(ii) The quotient from Subpart (b)(2)(B)(i) 
of this Rule is divided by 12. 

(iii) The quotient from Subpart (b)(2)(B)(ii) 
of this Rule is multiplied by the number 
of months from the most recent month 
reported in the current SDR until the 
end of calendar 1998. 

(iv) The product from Subpart (b)(2)(B)(iii) 
of this Rule is multiplied by the number 
of the facility's in-center patients 



isH 



reported in the current SDR and that 
product is added to such reported 
number of in-center patients, 
(v) The sum from Subpart (b)(2)(B)(iv) of 
this Rule is divided by 3.2. and from 
the quotient is subtracted the facility's 
current number of certified and pending 
stations as recorded in the current SDR. 
The remainder is the number of stations 
needed. 
(C) The facility may apply to expand to meet the 
need established in Subpart (b)(2)(B)(v) of this 
Rule, up to a maximum often stations. 
The schedule for publication of the North Carolina 



Semiannual Dialysis Report (SDR) and for receipt of certificate 
of need applications based on each issue of this report in 1998 
shall be as follows: 



Data for Receipt of Publication 

Period Ending SEKC Report of SDR 



Receipt of 

CON Applications 



Beginning 
Review Dates 



Dec.3LI9.97 Feb^ZLJj^S March 20. 1998 

June 30. 1998 Aug. 3_L 1998 Sept. 21. 1998 



May 15. 1998 
Nov. 13. 1998 



June 1. 1998 
Dec. 1. 1998 



(d) An application for a certificate of need pursuant to this 
Rule shall be considered consistent with G.S. 131E-183(a)(l ) 
only if it demonstrates a need by utilizing one of the methods 
of determining need outlined m this Rule. 

(e) An application for a new End Stage Renal Disease 
facility shall not be approved unless it documents the need for 
at least 10 stations based on utilization of 3^2 patients per 
station per week. 

(fj Home patients will not be included in determination of 
need for new stations. 

History Note: Authority G. S. 131E-1 76(25); 131E-1 77(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6125 HOSPICE NEED DETERMINATION 
(REVIEW CATEGORY F) 

It is determined that there is no need for additional 
Hospices. 

History Note: Authority G.S. 1 31 E- 176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1± 1998. 



.6126 HOSPIC E EVPATIENT FACDLIT Y BED 
NEED DETERMINATION (REVIEW 
CATEGORY F) 

(a) Single Counties. Single counties with a projected 
deficit of six or more beds are determined to have a bed need 
equal to the projected deficit. It is determined that there is no 
need for additional single county hospice inpatient facility 
beds. 

(b) Contiguous Counties. It is determined that any 
combination of two or more contiguous counties taken from 
the following list shall have a need for new hospice inpatient 
facility beds if the combined bed deficit for the grouping of 
contiguous counties totals six or more beds. Each county in 
a grouping of contiguous counties must have a deficit of at 
least one and no more than five beds. The need for the 
grouping of contiguous counties shall be the sum of the 
deficits in the individual counties. For purposes of this Rule, 
"contiguous counties" shall mean a grouping of North 
Carolina counties which includes the county in which the new 
hospice inpatient facility is proposed to be located and any one 
or more of the North Carolina counties which have a common 
border with that county, even if the borders only touch at one 
point. No county may be included in a grouping of 
contiguous counties unless u is listed in the following table: 



County 



Hospice Inpatient 
Bed Deficit 



Ashe 

Haywood 

Jackson 



1444 



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12:15 



TEMPORARY RULES 



Rutherford 


2 


Watauga 


1 


McDowell 


1 


Wilkes 


I 


Yadkin 


1 


Yancev 


I 


Alamance 


4 


Davidson 


2 


Caswell 


1 


Rockingham 


2 


Stokes 


I 


Surrv 


2 


Cabarrus 


2 


Gaston 


4 


Iredell 


I 


Lincoln 


1 


Mecklenburg 


3 


Rowan 


I 


Stanlv 


2 


Union 


2 


Chatham 


1 


Durham 


3 


Johnston 


I 


Wake 


4 


Franklin 


I 


Vance 


1 


Hoke 


I 


Bladen 


I 


Brunswick 


2 


Columbus 


3 


Cumberland 


2 


Harnett 


1 


Moore 


2 


Pender 


1 


Richmond 


3 


Montgomery 


I 


Robeson 


I 


Scotland 


I 


Bertie 


I 


Carteret 


I 


Craven 


I 


Duplin 


I 


Edgecombe 


I 


Hertford 


I 


Nash 


I 


Halifax 


I 


Onslow 


2 


Pitt 


2 


Lenoir 


1 


Wilson 


1 



History Note: Authority G.S. 1 31 E-l 76(25); 131E-177(1); 1 31 E-l 83(b); 
Temporary Adoption Eff. January 1. 1998. 



Mil PSYCHIATRIC BED NEED 

DETERMINATION (REVIEW 
CATEGORY C) 



It is determined that there is no need for additional 
psychiatric beds. 



12:15 



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February 2, 1998 



1445 



TEMPORARY RULES 



History Note: Authority G.S. 131E-176(25); 131E-177(1); 
131E-I83(b); 

Temporal Adoption Eff. January _L_ 1998. 

.6128 CHEMICAL DEPENDENCY TREATMENT 
BED NEED DETERMINATION (REVIEW 
CATEGORY C) 



(aj U is determined that there is no need for any additional 
chemical dependency treatment beds other than detox-only 
beds for adults. The following table lists the mental health 
planning areas that need detox-only beds for adults and 
identifies the number of such beds needed in each planning 
area. There is no need for additional detox-only beds for 
adults in any other mental health planning areas. 



I 



Mental Health Planning Areas 


Mental Health 


Number of Detox-Onlv 


(Constituent Counties) 


Planning Regions 


Beds Needed 


1 (Jackson. Havwood. Macon. Cherokee. 


W 


10 


Clav. Graham. Swain) 






4 (Transvlvania. Henderson) 


W 


10 


5 (Caldwell. Burke. Alexander. McDowell) 


W 


10 


6 (Rutherford. Polk) 


W 


10 


11 (Rowan. Iredell. Davie) 


w 


JO 


13 (Surrv. Yadkin) 


NC 


2 


15 (Rockingham) 


NC 


10 


17 (Alamance. Caswell) 


NC 


6 


18 (Orange. Person. Chatham) 


NC 


2 


20 (Vance. Granville. Franklin. Warren) 


NC 


10 


21 (Davidson) 


sc 


10 


23 (Robeson. Bladen. Scotland. Columbus) 


sc 


5 


26 (Johnston) 


sc 


7 


27 (Wake) 


sc 


26 


31 (Wavne) 


E 


4 


32 (Wilson. Greene) 


E 


10 


33 (Edgecombe. Nash) 


E 


6 


34 (Halifax) 


E 


10 


35 (Craven. Jones. Pamlico. Carteret) 


E 


10 


36 (Lenoir) 


E 


10 


38 (Hertford. Bertie. Gates. Northampton) 


E 


4 


39 (Beaufort. Washington. Tvrrell. Hvde. Martin) 


E 


5 


40 (Pasquotank. Chowan. Perquimans. Camden. 


E 


10 


Dare. Currituck) 






41 (Duplin. Sampson) 


E 


10 



I 



(b) "Detox-only beds for adults" are chemical dependency 
treatment beds that are occupied exclusively by persons who 
are 18 years of age or older who are experiencing 
physiological withdrawal from the effects of alcohol or other 
drugs. 

(c) The county or counties which comprise each mental 
health planning area are listed in 10 NCAC 3R .6104(b). 

(d) Detox-only beds for adults may be developed outside of 
the mental health planning area in which they are needed it. 

(1) The beds are developed in a contiguous mental 
health planning area that js within the same mental 
health planning region, as defined by K) NCAC 3R 
.6104(c); and 

(2) The program board in the planning area in which 
the beds are needed and the program board in the 
planning area in which the beds are to be developed 
each adopt a resolution supporting (he development 



of the beds in the contiguous planning area. 

History Note: Authority G.S. 131E-176(25); 131E- 

177(1); I31E-183(b); 

Temporary Adoption Eff. January L_ 1998. 

.6129 INTERMEDIATE CARE BEDS FOR THE 
MENTALLY RETARDED NEED 
DETERMINATION (REVIEW 
CATEGORY C) 

Intermediate Care Beds for the Mentally Retarded. It is 
determined that the mental health planning areas listed in 
the following table need additional Intermediate Care Beds 
for the Mentally Retarded ("1CF/MR beds"). The table 
identifies the number of new child and adult ICF/MR beds 
needed by each of the listed planning areas. In all but the 
Forsyth-Stokes Mental Health Planning Area, the new 



♦ 



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12:15 



TEMPORARY RULES 



ICF/MR beds shall only be used to convert existing five-bed 
ICF/MR facilities into six-bed facilities. In the Forsyth- 
Stokes Mental Health Planning Area, the ICF/MR bed shall 
be used only for a one-bed addition to an existing ICF/MR 
facility of nine beds or less. The addition of a bed must 



result in the reduction of "per client costs." There is no 
need for new ICF/MR facilities or for any additional 
ICF/MR beds in any other mental health planning areas, 
except as provided in Rule 10 NCAC 3R .6106(a)(8). 





Need 




Mental Health Planning Area (Constituent Counties) 


Determination 




Child 


Adult 


8 (Gaston-Lincoln) 





I 


10 (Mecklenburg) 





2 


14 (Forsvth. Stokes) 





1 


21 (Davidson) 





I 


24 (Cumberland) 





I 


37 (Pitt) 





1 



History Note: 



.6130 



Authority G.S. 131E-176(25); 131E-177(1); 131E-183(b); 
Temporary Adoption Eff. January 1. 1998. 



POLICIES FOR GENERAL 
ACUTE CARE HOSPITALS 

(a) Use of Licensed Bed Capacity Data for Planning 
Purposes. For planning purposes the number of licensed beds 
shall be determined by the Division of Facility Services in 
accordance with standards found in K) NCAC 3C .6200 and 
.3102(d). 

(b) Utilization of Acute Care Hospital Bed Capacity. 
Conversion of underutilized hospital space to other needed 
purposes shall be considered an alternative to new 
construction. Hospitals falling below utilization targets in 
Paragraph (e) of this Rule are assumed to have underutilized 
space. Any such hospital proposing new construction must 
clearly demonstrate that it is more cost-effective than 
conversion of existing space. 

(c) Exemption from Plan Provisions for Certain Academic 
Medical Center Teaching Hospital Projects. Projects for 
which certificates of need are sought by academic medical 
center teaching hospitals may qualify for exemption from 
provisions of 10 NCAC 3R .6107 through .6129. 

(1) The State Medical Facilities Planning Section shall 
designate as an Academic Medical Center Teaching 
Hospital any facility whose application for such 
designation demonstrates the following 
characteristics of the hospital: 

(A) Serves as a primary teaching site for a school 
of medicine and at least one other health 
professional school, providing 
undergraduate, graduate and postgraduate 
education. 

(B) Houses extensive basic medical science and 
clinical research programs, patients and 
equipment. 

(C) Serves the treatment needs of patients from a 
broad geographic area through multiple 
medical specialties. 

(2) Exemption from the provisions of 10 NCAC 3R 
.6107 through .6129 shall be granted to projects 



submitted by Academic Medical Center Teaching 
Hospitals designated prior to January 1. 1990 which 
projects comply with one of the following 
conditions: 

(A) Necessary to complement a specified and 
approved expansion of the number or types 
of students, residents or faculty, as certified 
by the head of the relevant associated 
professional school: or 

(B) Necessary to accommodate patients, staff or 
equipment for a specified and approved 
expansion of research activities, as certified 
by the head of the entity sponsoring the 
research: or 

(O Necessary to accommodate changes in 

requirements of specialty education 

accrediting bodies . as evidenced by copies of 

documents issued by such bodies. 

(d) Reconversion to Acute Care. Facilities redistributing 

beds from acute care bed capacity to rehabilitation or 

psychiatric use shall obtain a certificate of need to convert this 

capacity back to acute care. Application for reconversion of 

acute care beds converted to psychiatry or rehabilitation back 

to acute care beds shall be evaluated against the hospital's 

utilization in relation to the target occupancies for acute care 

beds shown below, without regard to the acute care bed need 



determinations shown in H) NCAC 3R 
Licensed Bed Capacity 
l = 4g 
50-99 
100 - 199 
200 - 699 
700 + 

isl 



.6107. 
Percent Occupancy 
65% 
70% 
75% 
80% 



81.5% 
Replacement of Acute Care Bed Capacity. The 
evaluation of proposals for either partial or total replacement 
of acute care beds (i.e.. construction of new space for existing 
acute care beds) shall be evaluated against the utilization of the 
total number of acute care beds in the applicant's hospital in 



12:15 



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February 2, 1998 



1447 



-gas 



TEMPORARY RULES 



relation to the target occupancy of the total number of beds in 
that hospital which is determined as follows: 
Total Licensed Acute Care 
Beds Target Occupancy ( Percent ) 

1;49 657 

50 ; 99 70% 

100 ; 199 75% 

200 - 699 80% 

700 + 81.5% 

(f) Allogeneic Bone Marrow Transplantation Services. 
Allogeneic bone marrow transplants shall be provided only in 
facilities having the capability of doing HLA matching and of 
management of patients having solid organ transplants. At 
their present stage of development it is determined that 
allogeneic bone marrow transplantation services shall be 
limited to Academic Medical Center Teaching Hospitals. 

(g) Solid Organ Transplantation Services. Solid organ 
transplant services shall be limited to Academic Medical 
Center Teaching Hospitals at this stage of the development of 
this service. 

History Note: Authority G.S. 1 31 E-l 76(25); 131 E-l 77(1); 
131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6131 POLICIES FOR INPATIENT 

REHABILITATION SERVICES 

(a) After applying other required criteria, when superiority 
among two or more competing rehabilitation facility certificate 
of need applications is uncertain, favorable consideration shall 
be given to proposals that make rehabilitation services more 
accessible to patients and their families or are part of a 
comprehensive regional rehabilitation network . 

(b) Rehabilitation care which can be provided in an 
outpatient or home setting shall be provided in these settings. 
All new inpatient rehabilitation programs are required to 
provide comprehensive outpatient rehabilitation services as 
part of their service delivery programs. 

History Note: Authority- G.S. 131 E-l 76(25): 131 E-l 77(1); 

13 IE- 183(b); 

Temporary Adoption Eff. January- 1. 1998. 

.6132 POLICY FOR AMBULATORY 
SURGICAL FACILITIES 

Multi-Specialty Ambulatory Surgery-. After applying other 
required criteria, when superiority among two or more 
competing ambulatory surgical facility certificate of need 
applications is uncertain, favorable consideration shall be 
given to "multi-specialty programs" over "specialty 
programs" in areas where need is demonstrated in K) NCAC 
3R .6109. A multi-specialty ambulatory surgical program 
means a program providing services in at least three of the 
following areas: gynecology, otolaryngology, plastic surgery, 
general surgery-, ophthalmology, orthopedics, urology, and 
oral surgery. An ambulatory surgical facility shall provide at 
least two designated operating rooms with general anesthesia 



capabilities, and at least one designated recovery room. 

History- Note: Authority- G.S. 131E-176Q5); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1. 1998. 

.6133 POLICY FOR PROVISION OF HOSPITAL- 
BASED LONG-TERM NURSING CARE 

(a) A certificate of need may be issued to a hospital which 
is licensed under G.S. 131E. Article 5^ and which meets the 
conditions set forth below and in 10 NCAC 3R .1100. to 
convert up to ten beds from its licensed acute care bed 
capacity for use as hospital-based long-term nursing care beds 
without regard to determinations of need in H) NCAC 3R 
.6121 if the hospital: 

( 1 ) is located in a county which was designated as non- 
metropolitan by the U_. S^ Office of Management 
and Budget on January' 1. 1998: and 

(2) on January L,. 1998. had a licensed acute care bed 
capacity of 150 beds or less. 

The certificate of need shall remain in force as long as the 
Department of Health and Human Services determines that the 
hospital is meeting the conditions outlined in this Paragraph. 

(b) "Hospital-based long-term nursing care" is defined as 
long-term nursing care provided to a patient who has been 
directly discharged from an acute care bed and cannot be 
immediately placed in a licensed nursing facility because of 
the unavailability of a bed appropriate for the individual's 
needs. Determination of the patient's need for hospital-based 
long-term nursing care shall be made in accordance with 
criteria and procedures for determining need for long-term 
nursing care administered by the Division of Medical 
Assistance and the Medicare program. Beds developed under 
this Paragraph are intended to provide placement for residents 
only when placement in other long-term care beds is 
unavailable in the geographic area. Hospitals which develop 
beds under this Paragraph shall discharge patients to other 
nursing facilities with available beds in the geographic area as 
soon as possible where appropriate and permissible under 
applicable law. Necessary documentation including copies of 
physician referral forms (FL 2J on all patients in hospital- 
based nursing units shall be made available for review upon 
request by duly- authorized representatives of licensed nursing 
facilities. 

(c) For purposes of this Paragraph, beds in hospital-based 
long-term nursing care shall be certified as a "distinct part" as 
defined by the Health Care Financing Administration. Beds 
in a "distinct part" shall be converted from the existing 
licensed bed capacity of the hospital and shall not be 
reconverted to any other category or type of bed without a 
certificate of need. An application for a certificate of need for 
reconverting beds to acute care shall be evaluated against the 
hospital's service needs utilizing target occupancies shown in 
10 NCAC 3_R .6130(d), without regard to the acute care bed 
need shown in 10 NCAC 3R .6107. 

(d) A certificate of need issued for a hospital-based long- 
term nursing care unit shall remain in force as long as the 



1448 



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February 2, 1998 



12:15 



TEMPORARY RULES 



following conditions are met: 

(1) the beds shall be certified for participation in the 
Title XVIII (Medicare) and Title XIX (Medicaid) 
Programs: 

(2) the hospital discharges residents to other nursing 
facilities in the geographic area with available beds 
when such discharge is appropriate and permissible 
under applicable law: 

(3) patients admitted shall have been acutely ill 
inpatients of an acute hospital or its satellites 
immediately preceding placement in the unit. 

(e) The granting of beds for hospital-based long-term 
nursing care shall not allow a hospital to convert additional 
beds without first obtaining a certificate of need, 

£fj Where any hospital, or the parent corporation or entity 
of such hospital, any subsidiary corporation or entity of such 
hospital, or any corporation or entity related to or affiliated 
with such hospital by common ownership, control or 
management: 

(1) applies for and receives a certificate of need for 
long-term care bed need determinations in 10 
NCAC 3R .6121: or 

(2) currently has nursing home beds licensed as a part 
of the hospital under G.S. 13 1 E. Article 5; or 

(3) currently operates long-term care beds under the 
Federal Swing Bed Program (P.L. 96-499). 

such hospital shall not be eligible to apply for a certificate of 
need for hospital -based long-term care nursing beds under this 
Rule. Hospitals designated by the State of North Carolina as 
Rural Primary Care Hospitals pursuant to Section 1820(f) of 
the Social Security Act, as amended, which have not been 
allocated long-term care beds under provisions of G.S. 131 E- 
175 through 131E-190. may apply to develop beds under this 
Paragraph. However, such hospitals shall not develop long- 
term care beds both to meet needs determined in 10 NCAC 3R 
.6121 and this Paragraph. 

(g) Beds certified as a "distinct part" under this Paragraph 
shall be counted in the inventory of existing long-term care 
beds and used in the calculation of unmet long-term care bed 
need for the general population of a planning area. 
Applications for certificates of need pursuant to this Paragraph 
shall be accepted only for the February I review cycle. Beds 
awarded under this Paragraph shall be deducted from need 
determinations for the county as shown in U) NCAC 3R 
.6121. Continuation of this Rule shall be reviewed and 
approved by the Department of Health and Human Services 
annually. Certificates of need issued under policies analogous 
to this policy in State Medical Facilities Plans subsequent to 
the 1986 State Medical Facilities Plan are automatically 
amended to conform with the provisions of this Paragraph. 
The Department of Health and Human Services shall monitor 
this program and ensure that patients affected by this 
Paragraph are receiving appropriate services, and that 
conditions under which the certificate of need was granted are 
being met. 

History Note: Authority G.S. 1 31 E-l 76(25); 13JE-1 77(1); 



131E-183&); 

Temporary Adoption Eff. January 1. 1998. 



.6134 POLICY FOR NURSING CARE BEDS 
IN CONTINUING CARE FACILITIES 

(a) Qualified continuing care facilities may include from the 
outset, or add or convert bed capacity for long-term nursing 
care without regard to the bed need shown in K) NCAC 3R 
.6121. To qualify for such exemption, applications for 
certificates of need shall show that the proposed long-term 
nursing bed capacity: 

(1) Will only be developed concurrently with, or 
subsequent to construction on the same site, of 
facilities for both of the following levels of care: 

(A) independent living accommodations 
(apartments and homes) for persons who are 
able to carry out normal activities of daily 
living without assistance: such 
accommodations may be in the form of 
apartments, flats, houses, cottages, and 
rooms within a suitable structure: 

(B) licensed adult care home beds for use by 
persons who, because of age or disability 
require some personal services, incidental 
medical services, and room and board to 
assure their safety and comfort. 

(2) Will be used exclusively to meet the needs of 
persons with whom the facility has continuing care 
contracts (in compliance with the Department of 
Insurance statutes and rules) who have lived in a 
non-nursing unit of the continuing care facility for 
a period of at least 30 days. Exceptions shall be 
allowed when one spouse or sibling is admitted to 
the nursing unit at the time the other spouse or 
sibling moves into a non-nursing unit, or when the 
medical condition requiring nursing care was not 
known to exist or be imminent when the individual 
became a party to the continuing care contract. 
Financial consideration paid by persons purchasing 
a continuing care contract shall be equitable between 
persons entering at the independent living and 
licensed adult care home levels of care. 

(3) Reflects the number of beds required to meet the 
current or projected needs of residents with whom 
the facility has an agreement to provide continuing 
care, after making use of all feasible alternatives to 
institutional nursing care. 

(4) Will not be certified for participation in the 
Medicaid program. 

(b) One half of the long-term nursing beds developed under 
this exemption shall be excluded from the inventory used to 
project bed need for the general population. Certificates of 
need issued under policies analogous to this policy in State 
Medical Facilities Plans subsequent to the 1985 SMFP are 
automatically amended to conform with the provisions of this 
Paragraph. Certificates of need awarded pursuant to the 
provisions of Chapter 920. Session Laws 1983. or Chapter 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1449 



TEMPORARY RULES 



445. Session Laws 1985 shall not be amended. 

History Note: Authority G.S. 131E-176(25): 131E-177(1); 
131E-183(b); 

Temporal Adoption Eff. January L. 1998. 

.6135 POLICY FOR DETERMINATION OF 
NEED FOR ADDITIONAL NURSING 
BEDS IN SINGLE PROVIDER COUNTIES 

When a lon g-term care facility with fewer than 80 nursing 
care beds is the only nursing care facility within a county, it 
may ap ply for a certificate of need for additional nursing beds 
in order to bring the minimum number of beds available 
within the county to no more than 80 nursing beds without 
regard to the nursing bed need determination for that county 
as listed in 10 NCAC 3R .6121. 

History Note: Authority G.S. 131E-1 76(25); 131E-1 77(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6136 POLICY FOR RELOCATION OF 

CERTAIN NURSING FACILITY BEDS 

A certificate of need to relocate existing licensed nursing 
facility beds to another county(ies) may be issued to a facility 
licensed as a nursing facility under G.S. 131E. Article 6_, Part 
A. provided that the conditions set forth in this Paragraph and 
in 10 NCAC 3R .1100 and the review criteria in G.S. 131E- 
183(a) are met. 

(1) A facility applying for a certificate of need to 
relocate nursing facility beds shall demonstrate that: 
(a) it is a non-profit nursing facility supported 

by and directly affiliated with a particular 
religion and that it is the only nursing facility 
in North Carolina supported by and affiliated 
with that religion: 
[bj the primary purpose for the nursing facility's 
existence is to provide long-term care to 
followers of the specified religion in an 
environment which emphasizes religious 
customs, ceremonies, and practices: 

(c) relocation of the nursing facility beds to one 
or more sites is necessary to more effectively 
provide lon g-term nursing care to followers 
of the. specified relig ion in an environment 
which emphasizes religious customs, 
ceremonies, and practices: 

(d) the nursing facility is expected to serve 
followers of the specified religion from a 
multi-county area: and 

(e) the needs of the population presently served 
shall be met adequately pursuant to G.S. 
131E-183. 

(2) Exemption from the provisions of 10 NCAC 3R 
.6121 shall be granted to a nursing facility for 
purposes of relocating existing licensed nursing beds 
to another county provided that it complies with all 



of the criteria listed in this Rule. 
(3) Any certificate of need issued under this Rule shall 
be subject to the following conditions: 

(a) the nursing facility shall relocate beds in at 
least two stages over a period of at least six 
months: and 

(b) the nursing facility shall provide a letter to 
the Medical Facilities Licensure Section, on 
or before the date that the first group of beds 
are relocated, irrevocably committing the 
facility to relocate all of the nursing facility 
beds for which u has a certificate of need to 
relocate: and 

(c) subsequent to providing the letter to the 
Medical Facilities Licensure Section 
described in Subitem (3Xb) of this Rule, the 
nursing facility shall accept no new patients 
in the beds which are being relocated, except 
new patients who, prior to admission, 
indicate their desire to transfer to the 
facility's new location(s). 

History Note: Authority G.S. 131E-176Q5); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1_^ 1998. 

.6137 POLICY FOR HOME HEALTH SERVICES 

Need Determination Upon Termination of County's Sole 
Home Health Agency. When a home health agency's board of 
directors, or in the case of a public agency, the responsible 
public body, votes to discontinue the agency's provision of 
home health services: and 

(\) the agency is the only home health agency with an 
office physically located in the county: and 

(2) the agency is not being lawfully transferred to 
another entity: 
need for a new home health agency office in the county is 
thereby established through this Rule. Following receipt of 
written notice of such decision from the home health agency's 
chief administrative officer, the Certificate of Need Section 
shall give public notice of the need for one home health 
a gency office in the county, and the dates of the review of 
a pplications to meet the need. Such notice shall be given no 
less than 45 days prior to the final date for receipt of 
applications in a newspaper serving the county and to home 
health agencies located outside the county reporting serving 
county patients in the most recent licensure a pplications on 
file. 

History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January 1. 1998. 

.6138 POLICY FOR END-STAGE RENAL 
DISEASE DIALYSIS SERVICES 

Relocation of Dialysis Stations. Relocations of existing 
dialysis stations are allowed only within the host county and 



1450 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



TEMPORARY RULES 



to contiguous counties currently served by the facility. 
Certificate of need applicants proposing to relocate dialysis 
stations shall: 

(1) demonstrate that the proposal shall not result in a 
deficit in the number of dialysis stations in the 
county that would be losing stations as a result of 
the proposed project, as reflected in the most recent 
Semiannual Dialysis Report, and 

(2) demonstrate that the proposal shall not result in a 
surplus of dialysis stations in the county that would 
gain stations as a result of the proposed project, as 
reflected in the most recent Semiannual Dialysis 
Report. 



.6140 POLICY FOR CHEMICAL 

DEPENDENCY TREATMENT 
FACILITIES 

Linkages Between Treatment Settings. An applicant 
applying for a certificate of need for chemical dependency 
treatment facility beds shall document that the affected area 
mental health, developmental disabilities and substance abuse 
authorities have been contacted and invited to comment on the 
proposed services. 

History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Elf. January 1. 1998. 



History Note: Authority G. S. 13 IE- 176(25): 131E-1 77(1); 

131E-183(b); 

Temporary Adoption Eff. January L. 1998. 

.6139 POLICIES FOR PSYCHIATRIC 
INPATIENT FACILITIES 

(a) Transfer of Beds from State Psychiatric Hospitals to 
Community Facilities. Beds in the State psychiatric hospitals 
used to serve short-term psychiatric patients may be relocated 
to community facilities. However, before beds are transferred 
out of the State psychiatric hospitals, appropriate services and 
programs shall be available in the community. State hospital 
beds which are relocated to community facilities shall be 
closed within 90 days following the date the transferred beds 
become operational in the community . Facilities proposing to 
operate transferred beds shall commit to serve the type of 
short-term patients normally placed at the State psychiatric 
hospitals. To hel p ensure that relocated beds will serve those 
persons who would have been served by the State psychiatric 
hospitals, a proposal to transfer beds from a State hospital 
shall include a written memorandum of agreement between the 
area MH/DD/SAS program serving the county where the beds 
are to be located, the Secretary of Human Resources, and the 
person submitting the proposal. 

(b) Allocation of Psychiatric Beds. A hospital submitting 
a Certificate of Need application to add inpatient psychiatric 
beds shall convert excess licensed acute care beds to 
psychiatric beds. In determining excess licensed acute care 
beds, the hospital shall subtract the average occupancy rate for 
its licensed acute care beds over the previous 12-month period 
from the appropriate target occupancy rate for acute care beds 
listed in 10 NCAC 3R .6130(d) and multiply the difference by 
the number of its existing licensed acute care beds. 

(c) Linkages Between Treatment Settings. An applicant 
applying for a certificate of need for psychiatric inpatient 
facility beds shall document that the affected area mental 
health, developmental disabilities and substance abuse 
authorities have been contacted and invited to comment on the 
proposed services. 

History Note: Authority G.S. 131E-176(25); 131E-177Q); 
131E-183(b); 

Temporary Adoption Eff. January 1. 1998. 



.6141 POLICIES FOR INTERMEDIATE 

CARE FACILITIES FOR MENTALLY 
RETARDED 

(a) Determination of Intermediate Care Bed Need for 
Mentally Retarded/Developmentally Disabled Persons. After 
applying other required criteria, when superiority among two 
or more competing ICF/MR certificate of need applications is 
uncertain, favorable consideration shall be given to counties 
that do not have ICF/MR group homes when such counties are 
part of a multi-county area for which a need is shown in 10 
NCAC 3R .6129. 

(b) Linkages Between Treatment Settings. An applicant 
applying for a certificate of need for intermediate care facility 
beds for mentally retarded shall document that the affected 
area mental health, developmental disabilities and substance 
abuse authorities have been contacted and invited to comment 
on the proposed services. 

History Note: Authority G.S. 131E-176(25); 131E-177(1); 

131E-183(b); 

Temporary Adoption Eff. January !_,_ 1998. 



TITLE 15A - DEPARTMENT OF ENVmONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: Department of Health and Human 
Senices 

Rule Citation: 15A NCAC 19C .0206 

Effective Date: February 10, 1998 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 97-73(b) 

Reason for Proposed Action: The 1997 General Assembly 
ratified "An Act to Increase the Amount Paid to Physicians to 
read X-Ray Films for the Dusty Trades Program, " which 
amended G.S. 97-72, Section 1. The amendment increased 
the allowable fee paid to the members of the advisory medical 
committee to not more than forty dollars ($40. 00) per film 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1451 



TEMPORARY RULES 



examined. Tlie fee per film shall be established by the 
Secretary for Health and Human Senices as guided by the 
current Medicaid Medicare reimbursement schedules of North 
Carolina. 

Comment Procedures: Copies of the proposed rule may be 
obtained by contacting the Occupational & Environmental 
Epidemiology Section at 919/733-3410. Written comments 
may be submitted to Susan Randolph, Division of 
Epidemiology, OEES, PO Box 29601. Raleigh, NC 27626- 
0601. 

CHAPTER 19 - HEALTH: EPIDEMIOLOGY 

SUBCHAPTER 19C - OCCUPATIONAL 
HEALTH 

SECTION .0200 - DUSTY TRADES 
PROGRAM 



.0206 FEES FOR MEDICAL EXAMS LN DUSTY 
TRADES 

tai Employers — whos e — employees — r eceive — p e r iodic 

radiog r aphs from m e D ep artment's mobile x- r ay unit pursuant 
to G.S. 9 7-60 will be cha r ged a fee for each em p loyee 

x- r ay e d. The f ee will be twelve dollars (S 12.00) per 

employee. 

fb) Employers will be charged a fee for each employee 
screened by the chest consultant pursuant to G.S. 97-60. The 
fee for this will be five dollars (55.00) eight dollars ($8.00) 
per x-ray. 

History Note: Filed as a Temporary Adoption Eff. January 

8, 1992 for a Period of 180 Days to Expire on July 5, 1992; 

Authority G.S. 97-72 (b); 

Eff. March 2, 1992; 

Temporary Amendment Eff. February 10. 1998. 



% 



< 



♦ 



1452 



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February 2, 1998 



12:15 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday, February 19. 1998. 
10:00a.m.. at 1307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any 
ride before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners 
b\- Monday. February 16, 1998. at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review 
Conmiission at 919-733-2721. Anyone wishing to address the Commission should notify the RRC staff and the agency at 
least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood, Vice Chairman 

Jim Funderburke 

Vernice B. Howard 

Philip O. Redwine 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Anita White, 2 nd Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



February 19, 1998 
March 19, 1998 



April 15, 1998 
May 21, 1998 



MEETING DATE: FEBRUARY 19, 1998 

LOG OF FILINGS 

RULES SUBMITTED: DECEMBER 20, 1997 THROUGH JANUARY 20, 1998 



AGENCY/DIVISION 



RULE NAME 



DHHS/SECRETARY OF HUMAN RESOURCES 

Scope 

Definitions 

Reporting Requirements 

Death Review Requirements 

Thomas S Mortality Review 

DENR/ENVIRONMENTAL MANAGEMENT COMMISSK 

High Quality Waters 

Little Tennessee River Basin 

French Broad River Basin 

Catawba River Basin 

Roanoke River Basin 

Purpose 

Definitions 

Schedule of Fees 

Payment 

DENR/WILDLIFE RESOURCES COMMISSION 

Carteret County 
McDowell County 



IULE CITATION 


ACTION 


10NCAC 14V .7101 


Adopt 


10NCAC 14V .7102 


Adopt 


10 NCAC 14V .7103 


Adopt 


10NCAC 14V .7104 


Adopt 


10 NCAC 14V .7105 


Adopt 


15A NCAC 2B .0224 


Amend 


15A NCAC 2B .0303 


Amend 


15A NCAC 2B .0304 


Amend 


15A NCAC 2B .0308 


Amend 


15ANCAC2B .0313 


Amend 


15ANCAC2R .0501 


Adopt 


15A NCAC 2R .0502 


Adopt 


15A NCAC 2R .0503 


Adopt 


15A NCAC 2R .0504 


Adopt 


15A NCAC 10F .0330 


Amend 


15A NCAC 10F .0339 


Amend 



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NORTH CAROLINA REGISTER 



February 2, 1998 



1453 



RULES REVIEW COMMISSION 



DENR/WATER TREATMENT FACILITY OPERATORS CERTIFICATION BOARD 



Definitions 


15ANCAC 18D .0105 


Amend 


Grades of Certification 


15A NCAC 18D .0201 


Amend 


Revocation of Certificate 


15A NCAC 18D .0307 


Amend 


Continuing Education 


15A NCAC 18D .0308 


Adopt 


Certification Reinstatement 


15A NCAC 18D .0309 


Adopt 


Reciprocal Certificates 


15A NCAC 18D .0405 


Amend 


Operator in Responsible Charge 


15ANCAC 18D .0701 


Adopt 


EDUCATION/NC STANDARDS BOARD FOR PUBLIC SCHOOL ADMINISTRATION 




Application for Exam 


16 NCAC 7 .( 


3201 


Adopt 


Written Exam 


16 NCAC 7 .1 


3202 


Adopt 


Rulemaking Petitions 


16 NCAC 7 J 


3301 


Adopt 


Notice Mailing List 


16 NCAC 7 .1 


3302 


Adopt 


Procedure for Declaratory Ruling 


16 NCAC 7 J 


3303 


Adopt 


STATE BOARD OF EXAMINERS OF PLUMBING, HEATLNG, AND FIRE SPRLNKLER CON* 


Location of Office 


21 NCAC 50 


.0106 


Amend 


Obtaining Forms 


21 NCAC 50 


.0202 


Amend 


Qualifications 


21 NCAC 50 


.0301 


Amend 


Applications 


21 NCAC 50 


.0306 


Amend 


Active Employment 


2 1 NCAC 50 


.0404 


Amend 


Multiple Licenses 


21 NCAC 50 


.0405 


Amend 


License Requirements 


21 NCAC 50 


.0510 


Amend 


License Fees 


21 NCAC 50 


.1102 


Amend 


Fees for Copies 


21 NCAC 50 


.1104 


Amend 


Petition for Rulemaking 


21 NCAC 50 


.1201 


Amend 


Notice Mailing List 


21 NCAC 50 


.1205 


Amend 


Additional Information 


21 NCAC 50 


.1206 


Amend 


Written Submissions 


2 1 NCAC 50 


.1210 


Amend 


Statement of Reasons 


21 NCAC 50 


.1212 


Amend 


Submission of Request 


21 NCAC 50 


.1302 


Amend 



RULES REVIEW OBJECTIONS 



COMMERCE 



Community Assistance 

4 NCAC I9L .0401 - General 

Agency Revised Rule 
4 NCAC 19L .0404 - Grant Category' Allocation 

Agency Revised Rule 
4 NCAC 19L .0505 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .0707 - Eligibility Requirements 

Agency Revised Rule 
4 NCAC 19L .0708 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .0911 - Recordkeeping 

Agency Revised Rule 
4 NCAC 19L.I0O9- Housing Rehabilitation 

Agency Revised Rule 
4 NCAC 19L .1011 - Lead -Based Paint 

Agency Revised Rule 
4 NCAC 19L.1303- Selection Criteria 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 



1454 



NORTH CAROLINA REGISTER 



February 2, 1 998 



12:15 



RULES REVIEW COMMISSION 



4 NCAC 19L .1703 - Selection Criteria 

Agency Revised Rule 
4 NCAC 19L .1804 - Size of Loan Approvals 

Agency Revised Rule 
4 NCAC 19L . 1805 - Selection Criteria 

Agency Revised Rule 

COMMUNITY COLLEGES 

23 NCAC 1A .0001 - Definitions 

23 NCAC 2D .0301 - Operating Budget Requests: Distribution of Funds 

23 NCAC 2D .0327 - Reporting Student Membership Hours to the Department 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 



RRC Objection 
Ob). Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
RRC Objection 
RRC Objection 



11/20/97 
12/18/97 
11/20/97 
12/18/97 
11/20/97 
12/18/97 



01/15/98 
01/15/98 
01/15/98 



Coastal Resources Commission 

75.4 NCAC 7H .1104 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15 A NCAC 7H .1304 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1404 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15 A NCAC 7H .1504 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15 A NCAC 7H .1704 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .1804 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15 A NCAC 7H .1904 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .2004 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
15A NCAC 7H .2104 - General Conditions 

Agency Revised Rule 

Agency Revised Rule 
ISA NCAC 7M .0303 - Policy Statements 

Agency Revised Rule 



RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 
01/15/98 
11/20/97 
12/18/97 



Environmental Management 

15 A NCAC 2B .0232 - Neuse River Basin-Nut. Sen. 

15A NCAC 2B .0233 - Neuse River Basin: Nut. Sen 

15A NCAC 2B .0234 - Neuse River Basin-Nut. Sen. 

15A NCAC 2B .0235 - Neuse River Basin-Nut. Sen. 

15A NCAC 2B .0238 - Neuse River Basin-Nut. Sen. 

15A NCAC 2B .0239 - Neuse River Basin: Nut. Sen 

ISA NCAC 2D .1005 - Measurement and Enforcement 

15A NCAC 2L .0115 - Risk-Based Assmnt/Corr Action/Petro Underground Strge Tanks 

No Response from Agency 
ISA NCAC 2N .0707 - Corrective Action Plan 

No Response from Agency 



Waters Mgmt. Strategy: Red. 

Waters Mgmt. Strategy: Prot. 
Waters Mgmt. Strategy: Waste Req. 
Waters Mgmt. Strategy: Stormwater 
Waters Mgmt. Strategy: Nitrogen 

Waters Mgmt. Strategy: Mgmt. 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
Obj. Cont'd 
RRC Objection 
Obj. Cont'd 



01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
12/18/97 
01/15/98 
12/18/97 
01/15/98 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1455 



RULES REVIEW COMMISSION 



Health Services 

15A NCAC ISA .2301 - Scope of Delegated Authority 

J5A NCAC ISA .2302 - Eligibility for Delegation of Authority 

15A NCAC ISA .2303 - Delegation of Authority 

15A NCAC ISA .2304 - Subsequent Authorizations 

15 A NCAC ISA .2306 - Continuing Education 

15 A NCAC 18A .2308 - Denial; Suspension and Revocation 

15A NCAC 18A .2309 - Re-Authorization 



RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 
RRC Objection 



01/15/98 

01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 
01/15/98 



Marine Fisheries 

15A NCAC 31 .0117 - Fishery Resource Grant Program RRC Objection 

Soil and Water Conservation 

15A NCAC 6E .0104 - Best Management Practices Eligible for Cost Share Payments RRC Objection 

Agency Responded Obj. Cont'd 

Agency Revised Rule Obj. Removed 

15A NCAC 6E .0105 - Cost Share and Incentive Payments RRC Objection 

Agency Responded Obj. Cont'd 

Agency Revised Rule Obj. Removed 

Water Pollution Controls Systems 

15A NCAC 8F .0203 - Duties and Requirements of an Operator in Charge RRC Objection 

No Response from Agency Obj. Cont'd 

Agency Revised Rule RRC Objection 

Agency Revised Rule Obj. Removed 



01/15/98 



10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 



09/18/97 
10/16/97 
11/20/97 
12/18/97 



HUMAN RESOURCES 



Departmental Rules 

10 NCAC IB .0502 - Rate Setting Meth. /Facilities/Serve St./cty. Special Assis. Res. RRC Objection 



01/15/98 



Facility Services 
10 NCAC 3D .0915 - 
10 NCAC 3D .0916- 
10 NCAC 3D .0925 - 
10 NCAC 3D .1202 - 
10 NCAC 3D .1203 - 
10 NCAC 3D .1301 - 
10 NCAC 3D .1302- 
10 NCAC 3D .1401 - 
10 NCAC 3D. 1403- 
10 NCAC 3R .3073 - 

Agency Revised 
10 NCAC 3R .3074- 

Agency Revised 
10 NCAC 3R .3081 - 

Agency Revised 



Ambulance Lettering: Markings: Symbols and Emblems RRC Objection 01/15/98 

General Ambulance Requirements RRC Objection 01/15/98 

Infectious Disease RRC Objection 01/15/98 

Criteria for Certified EMT Instructor RRC Objection 01/15/98 

Educational Programs RRC Objection 01/15/98 

Certification Requirements: Ambulance Attendant RRC Objection 01/15/98 

Certification Requirements: Emergency Medical Technician RRC Objection 01/15/98 

License, Permit/Cert. Denial, Suspension, Amend. /Revocation RRC Objection 01/15/98 

Application Procedures, Required Forms RRC Objection 01/15/98 

Dem/Proj /Pediatric Nursing Care Need Deter. (Review Cat. G) RRC Objection 11/20/97 

Rule Obj. Removed 12/18/97 

Home Health Agcy Off . Need Determination (Review Cat. F) RRC Objection 11/20/97 

Rule Obj. Removed 12/18/97 

Policies for Inpatient Rehabilitation Services RRC Objection 11/20/97 

Rule Obj. Removed 12 > '18/97 



PUBLIC INSTRUCTION 

16 NCAC 6C .0307 - Certificate Renewal 
No Response from Agency 
Agency Revised Rule 

16 NCAC 6D .0103 - Graduation Requirements 
No Response from Agency- 
Agency Revised Rule 

16 NCAC 6D .0301 - Testing Requirements and Opportunities 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 



10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 
10/16/97 



1456 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



RULES REVIEW COMMISSION 



) 



No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0305 - End -of- Course Tests 

No Response from Agency 

Agenc\' Revised Rule 
16 NCAC 6G .0306 - Testing Code of Ethics 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0307 - Assistance Teams 

No Response from Agency 

Agency Revised Rule 
16 NCAC 6G .0308 - Due Process Protections 

No Response from Agenc\' 

Agency Revised Rule 



Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



11/20/97 
12/18/97 
10/16/97 
1 1/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 
10/16/97 
11/20/97 
12/18/97 



SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS 

21 NCAC 64 . 1002 - General Requirements 
No Response from Agency 
Agency Revised Rule 

21 NCAC 64 . 1004 - Authorized Tasks of Speech-Language Pathology Assistants 
No Response from Agency- 
Agency Revised Rule 



RRC Objection 
Obj. Cont'd 
Obj. Removed 
RRC Objection 
Obj. Cont'd 
Obj. Removed 



11/20/97 
12/18/97 
01/15/98 
1 1/20/97 
12/18/97 
01/15/98 



* 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1457 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of 
the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office 
of Administrative Hearings, (919) 733-269S. 



i 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 
JULIAN MANN, III 

Senior Administrative Law Judge 
FREDG. MORRISON JR 

ADMIN ISTRA TIVE LA W JUDGES 



B rend a B. Bccion 
Sammic Chess Jr. 
Beecher R. Gray 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Dolores O. Smith 



a<;kn< v 

ADMINISTRATION 

K Edward Gambit I v Department ol Administration 

Triangle CAD Solutions, Inc v. Div Purchase and Contract. EHNR 

Henry Bryon Brewer v NC Commission ol Indian Affairs 

ALCOHOLIC BKVKRACK CONTROL COMMISSION 

Michael's Mini Marl v Alcoholic Beverage Control Commission 
Evcretle Craig Hornhucklc v Alcoholic Beverage Control Commission 
Salch Ahmed Ah Futhali v. Alcoholic Beverage Control Commission 
Carolyn T Ray v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Fast Tare, Inc 
Alcoholic Beverage Control Commission v Mendo/a Enterprises, Inc 
Haul Tyler IV Enterprises. Inc . Alpha Vinson T/A Mirrors (Sid's 

Showgirls) v Alcoholic Beverage Control Commission 
and 

City of Goldshoro 
and 

Gurnan Khera 
George Robert Scott v. Alcoholic Beverage Control Commission 
Nasar Sader v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Paradise Landing, Inc 
OFFISS, Inc, v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v Fast Fare. Inc No 576 
Alcoholic Beverage Control Commission v Altai Hussatn 
Alcoholic Beverage Control Commission v Robert Johnson 
Alcoholic Beverage Control Commission v. Masonboro County Store. Inc. 
Daniel Gary Ledbetter v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comin v Raymond Lee 
Alcoholic Beverage Control Coinm v. Percy Daniel Boweii 
Alcoholic Beverage Control Commission v. Bndgcllc Dee Williams 
Alcoholic Beverage Control Commission v. Westside Tavern, Inc 
Alcoholic Beverage Control Commission v Grove Park Inn Resort. Inc 
Sunset Enterprises, Inc. v Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. t> Twelve Corporation 
Alcoholic Beverage Control Commission v Kimhcrl) Loeite Hank ins 
Alcoholic Bev Ctt Comm v Monterrey Me.x Rest ol Greensboro. Inc 
Alcoholic Beverage Control Commission v James Martini 
Momhainmed H Darwish & Ila/eem M Eldara \ Alcoholic Bev Ctl Comm 

CORRECTION 

David M Boone v Correction. Div. of Prison Admin Rcmed\ Procedure 



CASK 




DATK OF 


I'l IBI.ISHEI) 1)K( ISION 


M MltFR 


AIJ 


DECISION 


RKG1STFR CITATION 


47 DOA 0364 


Reilly 


09/10/97 




47 DOA 01)70 


Reilly 


12/19/97 




47 DOA 0959 


Gr.iv 


12/17 47 




92 ABC 1601 


Gr.iy 


08/18/97 




43 ABC 0987 


Ur;iy 


08/18/97 




44 ABC o:m 


Grav 


0X/IX/47 




95 ABC 0424 


Gray 


09/23/97 




46 ABC 04X3 


Morrison 


06 1X47 




46 ABC 1 1 96 


Gr.i\ 


08/26/97 




46 ABC 1X04 


Morrison 


09/29/97 





46 ABC 

47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 
47 ABC 



1445 
0030 
0031 
01 IX 
0147 

03 1 2 
0321 

043: 

0441 
04XX 
0445 
0576 
0586 
0706 
0X46 
0X45 
0X47 
0965 
1036 
1424 



47 DOC D534 



Rcill> 

Phipps 

Gray 

Gray 

Morrison 

Mann 

Gray 

Reilly 

Gray 

Smith 

Morrison 

Phipps 

Phipps 

Morrison 

Gray 

Reill) 

Gr.i> 

Morrison 

Gr.i> 

Smith 



Morrison 



12 05 47 
10/08 47 
06/13/47 
09/17/97 
01 15/98 
07 24 47 
OX/25 '47 
09/09/97 
07/08/97 
10/30 47 
04 24 47 

09 04 47 
04 17 47 
04 15 47 
12 10 47 
12 16 47 

10 06 47 

01 15 48 
12/31 97 
12/31/97 



06 16 47 



12 07 NCR 604 



I 



1458 



NORTH CAROLINA REGISTER 



February 2, I99S 



12:15 



CONTESTED CASE DECISIONS 



) 



AGENCY 

CRIME CONTROL AND PCBLIC SAFETY 

Delia Sherrod v Crime Victims Compensation Commission 

Mary A. Kearney v. CPS. Vicums Compensanon Commission 

Mae Allen Murray v. Crime Victims Compensation Commission 

Beverly McLaughlin v Crime Victims Compensation Commission 

Malcolm W. Fields v. Crime Victims Compensation Commission 

Rodney P. Hodge v. Crime Victims Compensation Commission 

Billy Steen v. Crime Victims Compensation Commission 

Clifford R. Pulley v. Crime Victims Compensation Commission 

Curtis Jermaine Newkirk v Crime Victims Compensation Commission 

Huston Christopher Mason v. Victims Compensation Commission 

Gregory Bynum v. Crime Victims Compensation Commission 

Michaela Dionne Brewington v. Crime Victims Compensation Commission 

Lisa S. Snead v Crime Victims Compensation Commission 

Robert T Blakeney v Office of Administrative Hearings 

Connie Cowan v. Crime Victims Compensation Commission 

Linda Atkinson v. Crime Victims Compensation Commission 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Leon McNair v. NC Industrial Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Herbert C Avery v. Environment. Health, and Natural Resources 
Linda Collie V. Lenoir County Health Department 
Leroy Anderson v. County of Moore Department of Health 
EH Garner v. New Hanover Health Department 
Peter D. McDowell. Sr v. New Hanover Health Department 
Dowell Gray V. Department of Environment and Natural Resources 
and 
Onslow County Department of Health 
Riggings Homeowners Assoc. Inc v Environment. Health. & Natural Res 
John Ronald Taylor V. Environment. Health. & Natural Resources 
Rick Parker v Pitt County Health Dept Mr Ernie Nichols 
James R Melvin v. Environment and Natural Resources 
Lee A. Riggs v. Craven County Health Department 
Tommy Anthony Swangin v. Dept of Environment & Natural Resources 
Robert E Cahoon v Carteret County Health Department 
John Martin v Environment. Health, and Natural Resources 
John Martin v. Environment. Health, and Natural Resources 
Jack R. Whitmore v Dept. of Environment & Natural Resources 
Rachel S Tugwell v. Environment. Health and Natural Resources 
Joanne B Huff v. Dept of Environment and Natural Resources 
Gilbert T. Davis. Jr v. Forsyth County Environmental Affairs Dept. 

Coastal Management 

Glenn Sasser v. Division of Coastal Management 

Environmental Management 

Craig King Farms v EHNR. Environmental Management Commission 
Henry G Dail. Dail Brothers v. EHNR. Environmental Management 

Land Resources 

James H Lowdermilk & J Wayne Lowdermilk v EHNR, Land Res 

Charles G Smith v EHNR. Division of Land Resources 

Henry Yancey Ingram. II & Hope Fanning Ingram v. EHNR, Land Res 

Marine Fisheries 

William B Tate v. Division of Marine Fisheries 

John A Trahan v. EHNR, Division of Marine Fisheries 

Hassell B. Lawrence, Sr . Gordon Lawrence, Bobby G. Gillikin, Norman 

W Gillikin, Oliver C Lawrence, Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence, Sr . Gordon Lawrence, Bobby G Gillikin, Norman 

W Gillikin, Oliver C Lawrence, Hiram Gillikin. Louis Gray Thomas, 

Jr., Faye Thomas, Mark Allen Gillikin. Millie Lawrence, June Martin 
Hassell B Lawrence, Sr., Gordon Lawrence. Bobby G Gillikin. Norman 

W. Gillikin. Oliver C Lawrence. Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark Allen Gillikin. Millie Lawrence. June Martin 
Hassell B Lawrence. Sr., Gordon Lawrence, Bobby G Gillikin, Norman 

W Gillikin, Oliver C Lawrence, Hiram Gillikin. Louis Gray Thomas. 

Jr . Faye Thomas. Mark Allen Gillikin, Millie Lawrence, June Martin 
Hassell B Lawrence, Sr., Gordon Lawrence, Bobby G. Gillikin. Norman 

W Gillikin. Oliver C Lawrence. Hiram Gillikin, Louis Gray Thomas, 

Jr., Faye Thomas. Mark Allen Gillikin. Millie Lawrence, June Martin 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


96 CPS 0300 


Chess 


07/18/97 


96 CPS 2033 


Becton 


09/26/97 


96 CPS 2110 


Chess 


10/31/97 


97 CPS 0170 


Phipps 


08/29'97 


97 CPS 0360 


Chess 


09/12/97 


97 CPS 0449 


Reilly 


07/01/97 


97 CPS 0472 


Morrison 


07/23/97 


97 CPS 0523 


Gray 


08/06/97 


97 CPS 0645 


Morrison 


10/03/97 


97 CPS 0691 


Becton 


12/04/97 


97 CPS 0901 


Reilly 


10/16/97 


97 CPS 0992 


Mann 


12/23/97 


97 CPS 1025 


Reilly 


11/10/97 


97 CPS 1187 


Becton 


11/07/97 


97 CPS 1214 


Becton 


12/03/97 


97 CPS 1389 


Becton 


12/31/97 


97 COM 1549 


Gray 


01/09/98 


96 EHR0161 


Chess 


09/23/97 


96 EHR 0264 


Becton 


07/16/97 


96 EHR 1969 


Morrison 


07/15/97 


96 EHR 1972 


Gray 


08/07/97 


96 EHR 2075 


Gray 


08/07/97 


97 EHR0195* r 


Gray 


12/01/97 


97 EHR 0263 


Reilly 


08/13/97 


97 EHR 0275 


Reilly 


06/09/97 


97 EHR 0470 


Phipps 


07/01/97 


97 EHR 0682 


Phipps 


09/23/97 


97 EHR 0851 


Becton 


10/02/97 


97 EHR 0875 


Smith 


12/15/97 


97 EHR 0878 


Becton 


09/30/97 


"7 EHR 0993* ;i 


Phipps 


10/13/97 


97 EHR 0994* ;1 


Phipps 


10/13/97 


97 EHR 1039 


Mann 


12/17/97 


97 EHR 1086 


Becton 


12/03/97 


97 EHR 1149 


Reilly 


12/30/97 


97 EHR 1281 


Smith 


11/10/97 


97 EHR 0763 


Gray 


12/31/97 


96 EHR 0609 


Gray 


01/14/98 


96 EHR 2104 


Gray 


08/27/97 


46 EHR 0745 


Gray 


10/30/97 


96 EHR 0855 


Gray 


10/30/97 


96 EHR 0908 


Gray 


10/30/97 


96 EHR 1922 


Becton 


12/16/97 


97 EHR 0400 


Chess 


10/30/97 


97 EHR0917* 3 " 


Morrison 


12/30/97 


97 EHR 0927*"' 


Morrison 


12/30/97 


97 EHR0928*"' 


Morrison 


12/30/97 


97 EHR 0929*" 


Morrison 


12/30/97 


47 EHR 0935*" 


Morrison 


12/30/97 



PUBLISHED DECISION 
REGISTER CITATION 



12:03 NCR 223 



12:13 NCR 1222 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1459 



CONTESTED CASE DECISIONS 



AGENCY 



CASK 
MMBKR 



AIJ 



DATE OF 

DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Hassell B Lawrence, Sr., Gordon 
W Gillikin, Oliver C. Lawrence 
Jr . Faye Thomas. Mark Allen G 

Hassell B Lawrence. Sr., Gordon 
W Gillikin, Oliver C Lawrence 
Jr., Faye Thomas. Mark Allen G 

Hassell B Lawrence, Sr., Gordon 
W Gillikin. Oliver C Lawrence 
Jr., Faye Thomas. Mark Allen G 

Hassell B Lawrence, Sr . Gordon 
W Gillikin. Oliver C Lawrence 
Jr.. Faye Thomas, Mark Allen G 

Hassell B Lawrence, Sr , Gordon 
W Gillikin, Oliver C Lawrence 
Jr , Faye Thomas, Mark Allen G 

Hassell B Lawrence, Sr . Gordon 
W. Gillikin, Oliver C Lawrence 
Jr., Faye Thomas, Mark Allen G 



Lawrence. Bobby G Gillikin. Norman 
. Hiram Gillikin. Louis Gray Thomas, 

llikm. Millie Lawrence. June Martin 
Lawrence, Bobby G Gillikin. Norman 
. Hiram Gillikin. Louis Gray Thomas, 
illikin. Millie Lawrence. June Martin 
Lawrence, Bobby G Gillikin, Norman 
. Hiram Gillikin, Louis Gray Thomas, 
illikin. Millie Lawrence, June Marlin 
Lawrence. Bobby G Gillikin. Norman 
. Hiram Gillikin. Louis Gray Thomas. 

Ilikin. Millie Lawrence. June Martin 
Lawrence, Bobby G Gillikin, Norman 
, Hiram Gillikin. Louis Gray Thomas, 
illikin, Millie Lawrence. June Martin 
Lawrence. Bobby G Gillikin, Norman 
Hiram Gillikin. Louis Gray Thomas, 
illikin, Millie Lawrence. June Martin 



97 EHR 0936* 



97 EHR 0961" 



97 EHR 0962* 



97 EHR 0979* 



97 EHR 1038* 



Morrison 



Morrison 



Morrison 



Morrison 



Morrison 



97 EHR 1052*'" Morrison 



Maternal and Child Health 

Evan's Mini Mart v EHNR. Maternal & Child Health. Nutrition Svcs Sec 97 EHR 0599 Phipps 



Solid Wane Management 

Loie J Pnddy v. Division of Solid Waste Management. EHNR 



96 EHR 1838 Morrison 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



12/30/97 



07/14/97 



06'20/97 



12 02 NCR 103 



Water Quality 

Castle Hayne Steering Committee v. EHNR. Division of Water Quality 96 EHR 1731 

and 
New Hanover County Water and Sewer District 

RAYCO Utilities. Inc . Bnarwood WWTP v EHNR. Div of Water Quality 97 EHR 0018 
Greystone Forrest WWTP v EHNR, Water Quality 97 EHR 0412 



RAYCO Utilities. Inc 
RAYCO Utilities. Inc 

and 
RAYCO Utilities. Inc 
RAYCO Utilities. Inc 

and 
RAYCO Utilities, Inc 



Melbille Heights MHP 

Penman Heights MHP v 
Melbille Heights MHP 



EHNR. Water Quality 



97 EHR 0643* : 



97 EHR 0644* 



Mann 



Chess 
Smith 
Smith 



Smith 



06/30/97 



09/12/97 
10/29/97 
10/29/97 



10/29/97 



Penman Heights MHP v EHNR. Water Quality 



HUMAN RESOURCES 

Sampson Health Care Facilities Inc v Dept. of Health & Human Services 

John & Veronica Spearman v Department of Human Resources 

New Beginnings Christian Academy v Department of Human Resources 

Cindy G Geho v Office of Administrative Hearings. R Marcus Lodge 

Helen Wyman v Department of Human Resources 

DeRothea G Williams d/b/a Dee Williams & Company, a proprietorship v. 

Buncombe County Partnership for Children. Inc . a NC Nonprofit Corp . 

NC Department of Human Resources [Division of Child Development]. 

NC Department of Environment. Health, and Natural Resources [Division 

of Maternal and Child Health] 
Lorraine M. Monroe V. Department of Human Resources 
Linda Rouse Sharp v Department of Human Resources 
Ocelee Gibson v Department of Human Resources 
Larry Patton v Department of Human Resources 
Rita Faircloth v Department of Human Resources 
HILCO v Forsyth County Environmental Affairs Department 



Division of Child Development 

New Hanover Cty, Comm. Action v, DHR. Division of Child Development 97 DHR 0921 
Cindy G Geho v Human Resources, Division of Child Development 



Division of Facility Services 

Ava McKinney v DHR. Division of Facility Services 
Mercy Egbuleonu v DHR. Facility Svcs, Health Care Personnel Reg Sec 
Mercy Egbuleonu v. Human Resources. Division of Facility Services 
Ki/zie Cooper v DHR. Facility Svcs. Health Care Personnel Registry Sec 
Maggie J Barnhill v DHR, Facility Svcs. Health Care Pers. Reg Sec 
Emma Faison v DHR. Division of Facility Services 
Eugene Donald Caldwell v DHR. Division of Facility Services 
Patricia Addison v DHR. Facility Svcs. Health Care Personnel Reg Sec 
Selena Louise Holley v DHR. Facility Svcs. Health Care Persl Reg Sec 
Shirley Ebron v DHR. Facility Svcs. Health Care Pers Reg Sec- 
Carolyn Forbes v DHR. Division of Facility Services 
Sally Hutchins \ DHR. Division of Facility Services 
Claudia K Thomerson v. DHR. Facility Svcs. Health Care Pers Ree Sec 



96 DHR 0535 


Reillv 


11/06/97 


96 DHR 1543 


Chess 


09/12/97 


96 DHR 1925 


Reilly 


08/22/97 


97 DHR 0286 


Chess 


07/23 '97 


97 DHR 0407 


Reilly 


08/08 '97 


97 DHR 0424 


Morrison 


09'22'97 



97 DHR 0540 


Grav 


10/30/97 


97 DHR 0610 


Mann 


08/28/97 


97 DHR 0658 


Reilly 


07/22/97 


97 DHR 0829 


Phipps 


10 17 97 


97 DHR 0900 


Reillv 


08 15 97 


97 DHR 1454 


Gray 


12/19/97 


97 DHR 0921 


Phipps 


09/10 97 


97 DHR 0966 


Phipps 


08/29/97 


96 DHR 2061 


Chess 


07 08 97 


97 DHR 0172 


Becton 


07 16 97 


97 DHR 0450 


Grav 


09 02 97 


97 DHR 0459 


Phipps 


06 09 '97 


97 DHR 0465 


Grav 


07 30 97 


97 DHR 0471 


Gras 


07 15 97 


97 DHR 0480 


Gra\ 


10 10 97 


97 DHR 0521 


Mann 


0" 25 97 


97 DHR 0524 


Phipps 


08 28 97 


97 DHR 0528 


Gra\ 


10 02 97 


97 DHR 0532* 


Phipps 


12 18 97 


97 DHR 0547*" 


Phipps 


12 18 97 


97 DHR 0551 


Chess 


0" 15 9" 



1460 



NORTH CAROLINA REGISTER 



Februan' 2, 1998 



12:15 



CONTESTED CASE DECISIONS 



AGENCY 

Janice Ann McClinton v DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Michelle R. Griffin v. DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Deborah L. McBurnie v. DHR. Facility Svcs, Health Care Pers. Reg. Sec. 

Kelly M. Poole v. DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Debbie Williams v. DHR, Fac. Svcs., Health Care Pers. Reg. Sec. 

Therese Victoria Wilson v, DHR. Fac. Svcs, Health Care Pers. Reg. Sec 

Notisha Ulley v. DHR, Fac Svcs, Health Care Pers. Reg. Sec. 

Helen T. Shokoti v. Human Resources, Division of Facility Services 

Jeri L. Anderson v. Human Resources, Division of Facility Services 

Susie A. Milsap v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Glenda Christine Taylor v. DHR. Facility Svcs, Health Care Pers. Reg. Sec 

Maple Heights Rest Home. Inc. v. DHR. Division of Facility Services 

Lisa Bullard v. DHR, Facility Svcs. Health Care Pers. Reg. Sec. 

Angela D Johnson v. DHR. Facility Svcs, Health Care Pers Reg. Sec. 

Mary Ann Allen v DHR, Division of Facility Services 

Cressie D. Mears v. DHR, Division of Facility Services 

Marie Emma Wimbush v DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Himmeler Desvarieux v. DHR. Fac. Svcs. Health Care Pers. Reg. Sec. 

Tamara Green v DHR, Fac. Svcs, Health Care Pers. Reg. Sec. 

Lachelle Tonya Braswell v. DHR. Division of Facility Services 

Toni Washington v. DHR. Division of Facility Services 

Lynn E. Thorpe v DHR. Division of Facility Services 

Sally Hutchins v. DHR, Division of Facility Services 

Carolyn Forbes v. DHR. Division of Facility Services 

Debra Burleson v DHR. Division of Facility Services 

Jean Rossman v. DHR, Facility Svcs, Health Care Pers. Reg Sec. 

Michelle McMahan v. DHR. Division of Facility Services 

Brenda Faye Harris v. DHR. Facility Svcs. Health Care Pers Reg. Sec. 

Michelle McMahan v. DHR. Division of Facility Services 

Lorena Barbour v. DHR. Facility Svcs. Health Care Pers Reg. Sec. 

Angela Mae Whited v. DHR. Division of Facility Services 

Vitina Cockrane v DHR, Facility Svcs, Health Care Pers Reg. Sec. 

Mary Susan McLean v DHR, Fac. Svcs, Health Care Pers Reg. Sec. 

Doris J. Daniels v. DHR, Fac. Svcs. Health Care Pers. Reg. Sec. 

Robin Leigh Robinson v. DHR. Facility Svcs. Health Care Pers. Reg. Sec. 

Angela Lynn Barbour v. DHR, Facility Svcs, Health Care Pers. Reg. Sec. 

Certificate of Need Section 
Carolina Imaging, Inc/Fayetteville v. DHR. Facility Svcs. Cert/Need Sec. 

and 
Cumberland Cty Hospital System. Inc.. d/b/a Cape Fear Valley Med. Or. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 DHR 0558 


Creech 


10/17/97 




97 DHR 0559 


Gray 


07/30/97 




97 DHR 0608 


Chess 


09/02/97 




97 DHR 0629 


Chess 


09/02/97 




97 DHR 0630 


Gray 


10/01/97 




97 DHR 0632 


Phipps 


08/25/97 




97 DHR 0646 


Phipps 


09/26/97 




97 DHR 0653 


Chess 


08/20/97 




97 DHR 0659 


Gray 


08/19/97 




97 DHR 0667 


Phipps 


08/25/97 




.97 DHR 0681 


Gray 


08/29/97 




97 DHR 0717 


Reilly 


10/16/97 




97 DHR 0721 


Chess 


10/09/97 




97 DHR 0723 


Chess 


08/06/97 




97 DHR 0739 


Chess 


01/13/98 




97 DHR 0793 


Chess 


08/21/97 




97 DHR 0797 


Phipps 


08/25/97 




97 DHR 0818 


Gray 


10/24/97 




97 DHR 0824 


Becton 


09/29/97 




97 DHR 0826 


Morrison 


12/17/97 




97 DHR 0847 


Phipps 


12/10/97 




97 DHR 0865 


Chess 


01/13/98 




97 DHR 0871*" 


Phipps 


12/18/97 




97 DHR 0899*" 


Phipps 


12/18/97 




97 DHR 0904 


Phipps 


12/11/97 




97 DHR 0908 


Smith 


09/02/97 




97 DHR0915* 2 " 


Mann 


11/13/97 




97 DHR 0938 


Morrison 


10/03/97 




97 DHR 0960* : " 


Mann 


11/13/97 




97 DHR 0999 


Phipps 


09/11/97 




97 DHR 1029 


Becton 


12/10/97 




97 DHR 1066 


Chess 


10/15/97 




97 DHR 1091 


Morrison 


10/21/97 




97 DHR 1126 


Gray 


10/27/97 




97 DHR 1169 


Phipps 


10/31/97 




97 DHR 1458 


Phipps 


01/07/98 




96 DHR 1570 


Phipps 


06/24/97 


12:02 NCR 95 



Group Licensure Section 
Jeffreys Family Care #2 v. DHR, Facility Svcs Group Licensure Section 

Division of Medical Assistance 

Dilladys Renee Stover v. DHR, Division of Medical Assistance 
Bettye Parson/Tambra Parson v. DHR, Div. of Medical Assistance 
Robert D & Ronda M. Staton v DHR, Div. of Medical Assistance 



97 DHR 0259 


Mann 


06/17/97 


97 DHR 0560 


Mann 


09/16/97 


97 DHR 0656 


Becton 


08/12/97 


97 DHR 0660 


Smith 


09/05/97 



Division of Social Senices 



Child Support Enforcement Section 
Dale P. Sprinkle v. Guilford Child Support Agency, Human Resources 
Steven Van Linker v. Department of Human Resources 
Michael R. Bryant v. Department of Human Resources 
David Lee Chamblee Jr v Department of Human Resources 
John W. Scott v. Department of Human Resources 
Michael T. Swann v. Department of Human Resources 
Ted Wayne Lamb v Department of Human Resources 
Jeffrey Grainger v Department of Human Resources 
Tollie Woods v. Department of Human Resources 
Fred Edward Stafford v. Department of Human Resources 
Joseph R Grooms Jr v Department of Human Resources 
David N. Jarrett v. Department of Human Resources 
Warren S. Olson v. Department of Human Resources 
Stanley A Watson v. Department of Human Resources 
Michael A. Isom v. Department of Human Resources 
Rafael L. Garcia v. Department of Human Resources 
Justin M. Woazeah, Sr. v. Department of Human Resources 
Johnny R Holden v Department of Human Resources 
Calvin F Mizelle v Department ol Human Resources 
Tommy Lee Clark v. Department of Human Resources 
Ander L. Garfield v Department of Human Resources 



96CRA 1171 


Gray 


08/13/97 


96 CRA 1250* 2 


Becton 


07/11/97 


96 CRA 1252 


Phipps 


08/11/97 


96 CRA 1281 


Morrison 


06/16/97 


96 CRA 1287 


Becton 


10/09/97 


96 CRA 1326 


Chess 


06/04/97 


96 CRA 1359 


Gray 


07/10/97 


96 CRA 1376 


Reilly 


08/14/97 


96 CRA 1348* 8 


Morrison 


08/04/97 


96 CRA 1407*" 


Reilly 


08/21/97 


96 CRA 1434 


Phipps 


11/18/97 


96 CRA 1438 


Morrison 


07/10/97 


96 CRA 1440 


Phipps 


09/09/97 


96 CRA 1448*'" 


Reilly 


08/21/97 


96 CRA 1450 


Becton 


07/11/97 


96 CRA 1451 


Becton 


09/11/97 


96 CRA 1452*" 


Chess 


07/22/97 


96 CRA 1463 


Mann 


10/16/97 


96 CRA 1476 


Chess 


07/07/97 


96 CRA 1477 


Phipps 


08/13/97 


96 CRA 1479*' 


Morrison 


07/15/97 



12.15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1461 



COXTESTED CASE DECISIOXS 



AGENCY 

Clarence O. Rains v. Department of Human Resources 

Jeremy Baker v Department of Human Resources 

William T. Harris v. Department of Human Resources 

Hal C Morgan. Jr. v. Department of Human Resources 

Paul S. Cloninger v. Department of Human Resources 

Edward Stuteville v. Department of Human Resources 

Tony Peterson. Jr v. Department of Human Resources 

Lee G Sanders Jr. v. Department of Human Resources 

David Fraizer v Department of Human Resources 

David Fraizer v. Department of Human Resources 

David Hobson v. Department of Human Resources 

Christopher A. Abney v. Department of Human Resources 

John T Spidell v. Department of Human Resources 

Robert M. Starling. Sr v Department of Human Resources 

Judson T. Whitehurst v. Department of Human Resources 

Craig Venson v. Department of Human Resources 

David Scott Jordan v Department of Human Resources 

Lee R. Jones v. Department of Human Resources 

Rocky R Chaudhry v. Department of Human Resources 

Cecil Hall v Department of Human Resources 

Neil G McGilberry v. Department of Human Resources 

Gregory S. Wolbert v. Department of Human Resources 

William E Daley Jr. v. Wake County Child Support Enforcement 

Dennis Larson v. Department of Human Resources 

Eric L. Harrington v. Department of Human Resources 

Paul F Gangemi. Sr. v. Department of Human Resources 

Scott M Rodriguez v. Department of Human Resources 

James Withers v. Department of Human Resources 

Evalina R Oxendine v. Department of Human Resources 

Phillip R Banner v. Department of Human Resources 

Brian K Norfleet v. Craven County Child Support Office 

Kenneth A. Sayle v. Department of Human Resources 

Richard H Reist v. Department of Human Resources 

Lawrence .Arthur Beebe v. Department of Human Resources 

Patrick Orlando Crump v. Department of Human Resources 

Ronald L Had ley v Department of Human Resources 

Garland M. Jessup v. Guilford County Child Support Enforcement 

.Anthony LeMar HI v. Department of Human Resources 

Michael A. Norman v Department of Human Resources 

Waller Hawk v. Department of Human Resources 

Kevin L Combs v. Department of Human Resources 

Johnny Lewis Fields v Department of Human Resources 

Roger G Foster v. Department of Human Resources 

Charlie T Smith v. Department of Human Resources 

Joseph Davis v. Department of Human Resources 

Joseph Michael Eubanks v Department of Human Resources 

Vonzell Barker v. Department of Human Resources 

Charles F King v. Department of Human Resources 

AC Nash v. Department of Human Resources 

Curtis Bristol Self v. Department of Human Resources 

Ronald Alton Neal v Department of Human Resources 

Danny Ray Carr v. Department of Human Resources 

Tony Hollingsworth v Department of Human Resources 

Kenneth A. Ingle v. Department of Human Resources 

Norman L Gatewood v. Department of Human Resources 

Lane Bolton v. Department of Human Resources 

Monty G. Cox v. Randolph County Child Support Enforcement Agency 

Steven Van Linker v. Department of Human Resources 

Barry Tukes Sr v . C.S.E. 

Monty G Cox v. Randolph County Child Support Enforcement Agency 

Harriet Tolson v. Department of Human Resources 

John W Scott v. Department of Human Resources 

Edgar C. Lewis. Jr v. Department of Human Resources 

Willie L Berry v. Department of Human Resources 

Tony Orlando Steele v. Department of Human Resources 

Carl Locklear v. Department of Human Resources 

Tollie Woods v Department of Human Resources 

James Earl McLellan v. Department of Human Resources 

Charles L. Raynor v. Department of Human Resources 

Robert Walker v. Intercept Tax Refunds 



CASE 




DATE OF 


PUBLISHED DECISION 


M MBER 


XU 


DECISION 


REGISTER CITATION 


96 CRA 1482 


Reilly 


08/21/97 




96CRA 1491** 


Smith 


09/05/97 




96 CRA 1492 


Mann 


11 18 97 




96 CRA 1500 


Smith 


09/05 97 




96 CRA 1502 


Becton 


09 :: 97 




96 CRA 1507* 13 


Mann 


08/13/97 




96 CRA 1513 


Gray 


10/02/97 




96 CRA 1515 


Reilly 


09/11/97 




96 CRA 1519*-° 


Chess 


07/18/97 




96 CRA 1520*'° 


Chess 


07/18/97 




96 CRA 1522*" 


Phipps 


07/24/97 




96 CRA 1551 


Reilly 


12/08/97 




96 CRA 1567 


Smith 


09/05/97 




96 CRA 1598*^ 


Chess 


11/03/97 




96 CRA 1635 


Phipps 


01/13/98 




96 CRA 1647 


Morrison 


12/03/97 




96 CRA 1673 


Reilly 


07/18/97 




96 CRA 1720* 1 


Phipps 


07/10/97 




96 CRA 1724 


Morrison 


12/17/97 




96 CRA 1749* 5 


Mann 


07/10/97 




96 CRA 1767** 


Becton 


07/15/97 




96 CRA 1782 


Mann 


11/18/97 




96 CRA 1789 


Reilly 


09/25/97 




96 CRA 1793 


Chess 


06'17/97 




96 CRA 1794 


Mann 


07/19/97 




96 CRA 1809 


Gray 


08/13/97 




96 CRA 1818'' 


Gray 


06/25/97 




96 CRA 1820 


Reilly 


07/24/97 




96 CRA 1825 


Gray 


09/10/97 




96 CRA 1826* : ' 


Gray 


09/24/97 




96 CRA 1846 


Phipps 


10/02/97 




96 CRA 1857 


Gray 


01/16/98 




96 CRA 1859 


Reilly 


10/21/97 




96 CRA 1863 


Becton 


12/16/97 




96CRA1866* :i 


Gray 


08/18/97 




96 CRA 1892 


Reilly 


07/18/97 




96 CRA 1898 


Becton 


07/11/97 




96 CRA 1905 


Smith 


09/05/97 




96 CRA 1915 


Gray 


09/24/97 




96 CRA 1943 


Phipps 


08/13/97 




96 CRA 1948 


Reilly 


12/08.97 




96 CRA 2085*- 


Smith 


10/02/97 




97 CRA 0043 


Phipps 


06/19/97 




97 CRA 0280 


Reilly 


06/16/97 




97 CRA 0436*-' 


Phipps 


08/11/97 




97 CRA 0477 


Reilly 


07/18/97 




97 CRA 0620 


Becton 


08 12 97 




97 CRA 0720 


Reilly 


07/30/97 




97 CRA 0788 


Gray 


09/10/97 




97 CRA 0974 


Mann 


11/19/97 




97 CRA 1020 


Becton 


10/23/97 




97 CRA 1160 


Reilly 


12.08/97 




97 CRA 1363 


Gray 


01/13/98 




97 CRA 1714 


Chess 


09/25/97 




96 CSE 0484 


Chess 


09/23/97 




96 CSE 1220 


Reilly 


08/21/97 




96 CSE 1235*" 


Becton 


08/12/97 




96 CSE 1249* ; 


Becton 


07/11/97 




96 CSE 1277 


Mann 


07/01/97 




96 CSE 1278*" 


Becton 


08/12/97 




96 CSE 1280 


Reilly 


08 :; 97 




96 CSE 1286 


Becton 


10/09/97 




96 CSE 1299 


Mann 


08 2-1 97 




96 CSE 1319 


Gray 


06 25 97 




96 CSE 1337 


Mann 


06/30/97 




96 CSE 1338 


Mann 


07/07/97 




96 CSE 1340*' 


Morrison 


08/04/97 




96 CSE 1358 


Mann 


10/16/97 




96 CSE 1382 


Becton 


07/11/97 




96 CSE 1384 


Morrison 


07 24 97 





Consolidated Cases. 



1462 



SORTH CAROLISA REGISTER 



February 2, 1998 



12:15 



CONTESTED CASE DECISIONS 



AGENCY 

Chris M. Wilson v. Department of Human Resources 

Fred Edward Stafford v. Department of Human Resources 

Richard K. Blisard v Department of Human Resources 

Stanley A. Watson v. Department of Human Resources 

Justin M. Woazeah, Sr. v. Department of Human Resources 

William A. Underhill v. Department of Human Resources 

Almiron J. Deis v. Department of Human Resources 

Jeremy Baker v. Department of Human Resources 

Alfred Clinton Springs v. Department of Human Resources 

Ander L. Garfield v. Department of Human Resources 

Ulysses Harris v. Nash County Child Support Office and Human Resources 

Edward Stuteville v. Department of Human Resources 

Gerald A. Jones v. Department of Human Resources 

David Hobson v Department of Human Resources 

Gregory D Simpson v. Department of Human Resources 

Carl E. Coffey v. Department of Human Resources 

Donald Ray Archie v. Department of Human Resources 

JohnT- Spidell v. Department of Human Resources 

John W. Liverman v. Department of Human Resources 

John H. Hale, Jr. v. Department of Human Resources 

Vincent L. Martin v. Department of Human Resources 

Harlie Leonard Hardison v Department of Human Resources 

Alton Washington v DHR and Robeson County Child Support Enf. Agcy. 

Robert M Starling, Sr. v Department of Human Resources 

David Fraizer v. Department of Human Resources 

Golet Holloway, Jr. v. Department of Human Resources 

Jeffrey Pierce v. Department of Human Resources 

Patrick Orlando Crump v. Department of Human Resources 

Crystal Lynn Manring-Robertson v. Forsyth County CSE. DSS & DHR 

William C. Rivera v. Department of Human Resources 

David L. Smith v. DHR, DSS, CSE and Sampson County CSE 

Lenora McCracken v. Department of Human Resources 

Donald Lee Rodgers Sr v. Rowan County CSE. DHR. DSS, CSE 

Derrick Slurdivant v. Department of Human Resources 

Clyde Williams v. DHR, DSS, CSE. and Pitt County CSE 

Lee R. Jones v. Department of Human Resources 

Cecil Hall v. Department of Human Resources 

Gregory Melton v. Department of Human Resources 

Neil G. McGilberry v. Department of Human Resources 

Devm J. Bello v. Department of Human Resources 

Phillip R. Banner v. Department of Human Resources 

Scott M. Rodriguez v. Department of Human Resources 

James Withers v. Department of Human Resources 

David M. Greene v. Buncombe County CSE and DHR. DSS, CSE 

Jarmarle Arnold v. Department of Human Resources 

Sean Heitz v. Department of Human Resources 

Nathan S Lockhart Sr. v. Department of Human Resources 

Scott James Petrill v. Department of Human Resources 

Daniel E Carpenter v Department of Human Resources 

Daniel D. Morse v. Department of Human Resources 

Daryl E. Shankle v Child Support Enforcement Agency 

Jeffrey William Strama v. Department of Human Resources 

Joseph Fernandez v. Department of Human Resources 

Johnny Lewis Fields v. Department of Human Resources 

Alfred Covington v. DHR, DSS. CSE and Burke County CSE 

Tommy L. Hines Sr. v. Forsyth County Child Support Enforcement 

Kelvin Cherry v. DHR, DSS, CSE, Durham Cty CSE and Wake Cty CSE 

Irvan Jemal Fontenot v. Department of Human Resources 

Pearlie Blakney v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Sarah Chambers v. Department of Human Resources 

Leroy Grooms v. Department of Human Resources 

Pedro Baltazar Jocobo v. Department of Human Resources 

Theodore McCleese v. Department of Human Resources 

Gertru Jefferson Ward v Department of Human Resources 

James Allen Harris v. Department of Human Resources 

John C. Henderson v. Department of Human Resources 

William A. Rogers v. Department of Human Resources 

Mark R. Kearney v Department of Human Resources 

Michael J Powell v. Department of Human Resources 

Joseph Davis v. Department of Human Resources 

James G Davis v. Department of Human Resources 

Randy Gavurnik v. Department of Human Resources 

Curtis Leon Mock v. Department of Human Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


96 CSE 1403 


Morrison 


09/25/97 




96 CSE 1406*" 


Reilly 


08/21/97 




96 CSE 1446 


Mann 


10/22/97 




96 CSE 1449*" 


Reilly 


08/21/97 




96 CSE 1453*" 


Chess 


07/22/97 




96 CSE 1455 


Mann 


07/18/97 




96 CSE 1456 


Gray 


06/25/97 




96 CSE 1460* 20 


Smith 


09/05/97 




96 CSE 1473 


Reilly 


08/21/97 




96 CSE 1480* 3 


Morrison 


07/15/97 




96 CSE 1488 


Becton 


10/14/97 




96 CSE 1508*' 3 


Mann 


08/13/97 




96 CSE 1512 


Becton 


09/11/97 




96 CSE 1521*" 


Phipps 


07/24/97 




96 CSE 1527 


Reilly 


06/25/97 




96 CSE 1528 


Reilly 


09/24/97 




96 CSE 1558 


Becton 


07/11/97 




96 CSE 1566 


Smith 


09/05/97 




96 CSE 1568 


Becton 


07/11/97 




96 CSE 1573 


Mann 


10/22/97 




96 CSE 1574 


Gray 


08/04/97 




96 CSE 1578 


Becton 


08/25/97 




96 CSE 1597 


Becton 


10/13/97 




96 CSE 1605* 35 


Chess 


11/03/97 




96 CSE 1610*'° 


Chess 


07/18/97 




96 CSE 1611 


Becton 


07/11/97 




96 CSE 1613 


Mann 


06/30/97 




96 CSE 1614*" 


Gray 


08/18/97 




96 CSE 1619 


Becton 


10/13/97 




96 CSE 1622 


Mann 


06/18/97 




96 CSE 1639 


Becton 


10/13/97 




96 CSE 1644 


Mann 


06/30/97 




96 CSE 1667 


Becton 


10/13/97 




96 CSE 1672 


Chess 


10/09/97 




96 CSE 1688 


Becton 


10/13/97 




96 CSE 1719** 


Phipps 


07/10/97 




96 CSE 1750* 5 


Mann 


07/10/97 




96 CSE 1764 


Morrison 


09/17/97 




96 CSE 1766*" 


Becton 


07/15/97 




96 CSE 1774 


Phipps 


07/16/97 




96 CSE 1802* : ' 


Gray 


09/24/97 




96 CSE 1817*' 


Gray 


06/25/97 




96 CSE 1821 


Reilly 


08/21/97 




96 CSE 1844 


Becton 


10/06/97 




96 CSE 1853 


Becton 


10/14/97 




96 CSE 1909 


Chess 


07/22/97 




96 CSE 1910 


Phipps 


07/16/97 




96 CSE 1914 


Morrison 


07/30/97 




96 CSE 1917* ,! 


Phipps 


07/25/97 




96 CSE 1942 


Chess 


08/19/97 




96 CSE 1977 


Becton 


07/11/97 




96 CSE 2043 


Becton 


07/11/97 




96 CSE 2066 


Chess 


08/21/97 




96 CSE 2084*" 


Smith 


10/02/97 




96 CSE 2086 


Becton 


10/06/97 




97 CSE 0015 


Reilly 


07/18/97 




97 CSE 0027 


Becton 


10/13/97 




97 CSE 0223 


Becton 


07/11/97 




97 CSE 0254 


Phipps 


07/24/97 




97 CSE 0258* 7 


Becton 


07/18/97 




97 CSE 0278 


Morrison 


06/16/97 




97 CSE 0297* 7 


Becton 


07/18/97 




97 CSE 0339 


Mann 


10/22/97 




97 CSE 0353 


Morrison 


08/05/97 




97 CSE 0381 


Chess 


08/22/97 




97 CSE 0401 


Mann 


10/16/97 




97 CSE 0408 


Smith 


09/05/97 




97 CSE 0410 


Gray 


06/25/97 




97 CSE 0417 


Reilly 


08/07/97 




97 CSE 0418 


Becton 


08/12/97 




97 CSE 0435*' 5 


Phipps 


08/11/97 




97 CSE 0448 


Gray 


07/28/97 




97 CSE 0454 


Morrison 


08/04/97 




97 CSE 0490 


Mann 


06/17/97 





12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1463 



CONTESTED CASE DECISIONS 



AGENCY 

Daniel E Carpenter v Department of Human Resources 

Juan L Allen v Department of Human Resources 

Donald Mac Tipton v. Department of Human Resources 

Guy R Auger v Brunswick County Child Support Enforcement 

Andrew J Hough v. Department of Human Resources 

Michael V Dockery v. Department of Human Resources 

William Irving Commodore v Department of Human Resources 

David F Norman v. Department of Human Resources 

Richmond P Lambert UJ v. Department of Human Resources 

Carvin Ray Burns v. Department of Human Resources 

Mar F Jones v. Department of Human Resources 

Sharron S Chappell v Department of Human Resources 

Denis J Quinn v Department of Human Resources 

Franklin DeAngelo Staten v. Department of Human Resources 

Roosevelt Alston v. Department of Human Resources 

Steve E Young v. Department of Human Resources 

James Alan Letchworth v. Department of Human Resources 

Nathaniel D. Carter v. Department of Human Resources 

Dennis W. Clowers v Department of Human Resources 

Tracy A Merrill v. Department of Human Resources 

Randy Shaw v Department of Human Resources 

Daniel J McDowell v. Department of Human Resources 

Enrico Phineas Acher v. Department of Human Resources 

Roger Waldren v. Department of Human Resources 

Randy Allen Vore v. Department of Human Resources 

Ramona G- Garrett v. Department of Human Resources 

Alan M Greenberg v Department of Human Resources 

Walter McNeil v. Department of Human Resources 

George J. Kozykowski Jr. v. Department of Human Resources 

DavidS McCullar v Department of Human Resources 

David Hobson v. Department of Human Resources 

Jerry Whitley v. Mecklenburg County Child Support Enforcement 

Linda Wade-Hargrove v. Department of Human Resources 

Regina C. Sullivan v. Department of Human Resources 

Teri Lynne Lanier v. Department of Human Resources 

Katrina T. Johnson v. Department of Human Resources 

Clarisa Carter Watson v. Department of Human Resources 

Paulette Duggins Rodgers v. Department of Human Resources 

LNSURANCE 

Joseph J- Peacock v Department of Insurance 

JUSTICE 

Barbara Carter Irons v. DHR, Division of Facility Services 

Paul Harvey Taylor v. Department of Justice. Company Police Program 

Christopher Michael Lynn v. Company Police Program 

William G. Fisher v. Consumer Protection, Department of Justice 

Imr3n Ramnanne v. Department of Justice. Company Police Program 

Alarm Systems Licensing Board 

Kim Brian Phelps v. Alarm Systems Licensing Board 

Daniel Joseph Dunne. UJ v. Alarm Systems Licensing Board 

Education and Training Standards Division 

Charles Thomas Ohnmacht, Jr. v. Criml. Justice Ed. /Training Stds Comm. 

Jon Randolph O'Dell v Criml. Justice Ed/Training Stds. Comm. 

James Haywood Mathews, Jr. v. Criml. Justice Ed Training Stds Comm. 

Teresa D Wright v. Sheriffs' Ed. & Training Stds Comm 

Christopher Lee v. Criminal Justice Ed. & Training Standards Comm. 

Steven Wayne Olsen v Criminal Justice Ed & Training Standards Comm 

Edward Delano Hammock v. Criminal Justice Ed. & Training Sds Comm 

Garfield Duncan Whilaker v. Criminal Justice Ed & Training Stds Comm 

Joseph Lonme Wesson v. Criminal Justice Ed. & Training Standards Comm 

Frank Arlander Hearne v Criml. Justice Ed & Training Stds Comm 

Audrey McDonald Rodgers v Sheriffs' Ed & Training Stds Comm. 

Gerald S. Wingate v Sheriffs' Ed & Training Stds Comm. 

William Malcolm Mourino v Sheriffs' Ed & Training Stds Comm. 

Derrick W Bowens v. Sheriffs' Education & Training Standards Comm. 

Joseph Ray Davis v. Sheriffs' Ed & Training Stds. Comm. 

William Wayne McDowell v. Sheriffs' Education & Training Stds. Comm 

Roy Randolph Carpenter, Jr v. Crim Justice Ed & Training Stds Comm 

Anthony Jerome Jackson v Sheriffs' Ed. & Training Stds Comm. 



CASE 




DATE OF 


PUBLISHED DECISION 


NVMBER 


ALJ 


DECISION 


REGISTER CITATION 


97CSE0501*' : 


Phipps 


07/25/97 




97 CSE 0550 


Smith 


09/05/97 




97 CSE 0564 


Gray 


09/15/97 




97 CSE 0600 


Morrison 


07/18/97 




97 CSE 0615 


Reilly 


08/21/97 




97 CSE 0642 


Mann 


10/03/97 




97 CSE 0671 


Mann 


10/03/97 




97 CSE 0672 


Gray 


07/28/97 




97 CSE 0712 


Morrison 


10/06/97 




97 CSE 0751 


Becton 


09/11/97 




97 CSE 0777 


Phipps 


08/28/97 




97 CSE 0789 


Morrison 


12/04/97 




97 CSE 0794 


Reilly 


09/24/97 




97 CSE 0822 


Morrison 


11/06/97 




97 CSE 0874 


Phipps 


01/14/98 




97 CSE 0876 


Mann 


12/04/97 




97 CSE 0919 


Reilly 


12/08/97 




97 CSE 0931 


Smith 


09/25/97 




97 CSE 0944 


Becton 


09/11/97 




97 CSE 0947 


Phipps 


11/18/97 




97 CSE 0981 


Gray 


12/11/97 




97 CSE 0984 


Morrison 


09/10/97 




97 CSE 0990 


Reilly 


11/05/97 




97 CSE 1042 


Chess 


10/13/97 




97 CSE 1071 


Mann 


10/07/97 




97 CSE 1108 


Morrison 


12/04/97 




97 CSE 1311 


Smith 


12/08/97 




97 CSE 1324 


Becton 


09/11/97 




97 CSE 1397 


Phipps 


01/13/98 




97 CSE 1546 


Mann 


01/12/98 




97 CSE 1747*" 


Phipps 


07/24/97 




97 CSE 2037 


Reilly 


08/21/97 




97 DCS 0365 


Becton 


07/11/97 




97 DCS 0482 


Becton 


07/18/97 




97 DCS 0738 


Smith 


09/05/97 




97 DCS 0856 


Becton 


09/24/97 




97 DCS 0909 


Gray 


10/02/97 




97 DCS 1238 


Smith 


12/08/97 




96 INS 0433 


Becton 


07/25/97 


12:04 NCR 327 


97 DOJ 0669 


Phipps 


08/27/97 


12:06 NCR 501 


97 DOJ 0916 


Reilly 


10/03/97 




97 DOJ 1120 


Chess 


10/22/97 




97 DOJ 1300 


Mann 


01/15/98 




97 DOJ 2071 


Becton 


06/11/97 




96 DOJ 1785 


Gray 


08/08/97 




97 DOJ 0868 


Phipps 


09/12/97 




96 DOJ 0353 


Phipps 


06/13/97 




96 DOJ 1466 


Phipps 


09/16/97 




96 DOJ 1957 


Reilly 


07/31/97 




97 DOJ 0035 


Morrison 


01/08/98 




97 DOJ 0076 


Morrison 


06/19/97 




97 DOJ 0077 


Phipps 


08/21/97 




97 DOJ 0078 


Gray 


12/19/97 




97 DOJ 0121 


Phipps 


11/04/97 




97 DOJ 0136 


Reilly 


08/26/97 




97 DOJ 0137 


Reilly 


06/10/97 




97 DOJ 0308 


Reilly 


07/31/97 




97 DOJ 0428 


Gray 


10/09/97 




97 DOJ 0430 


Phipps 


09/16/97 




97 DOJ 0661 


Smith 


08/29/97 




97 DOJ 0747 


Gray 


10/02/97 




97 DOJ 0817 


Morrison 


08/22/97 




97 DOJ 0977 


Becton 


12/31/97 




97 DOJ 1426 


Phipps 


01/09/98 





( 



i 



1464 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER ALJ 



DATE OE 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Private Protective Services Board 

Private Protective Services Board v. Phillip L. Hanson 
Ronald Anthony Bobeck v. Private Protective Services Board 
Joseph D White v. Private Protective Services Board 
Harry A House v. Private Protective Services Board 
Earl Thomas Wilson v. Private Protective Services Board 
Patti Jones v. Private Protective Services Board 
John Stokes. Jr. v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Nicholas Eirschele. by his parents, Charles & Kathy Eirschele v. Craven 

County Board of Education 
Jay and Elisabeth Miller v. Henderson County Public Schools 
Karen L. Holgersen v. Department of Public Instruction 
Meridith Kirkpatrick. by her parent, Susan Kirkpatrick and Meridith 

Kirkpatrick, Individually v, Lenoir County Board of Education 
Brian Allen Hoffman v. Department of Public Instruction 
Alexander & Linda Brody & their son. James Brody v. Dare County 

Public Schools 
Jay and Elisabeth Miller v. Henderson County Public Schools 
Brenda Joyce Brooks Lovely v. State Board of Education 
John G. Schaenman v. Stale Board of Education 
Norman D. Crotts v. State Board of Education 

Paul W Bonham v. State Board of Education, Dept. of Public Instruction 
Fred W. Crawford n v Charlotte/Mecklenburg Board of Education 
Walter R. Bennett v. State Board of Education 
Julius O- Webb v. Hertford County Board of Education 
Charles Beverly Whitley v. Stale Board of Education 
H. Margaret Willetts v Department of Public Instruction 
Karen Clark Ceccato v. Department of Public Instruction 
Carl Smith Herman v. State Board of Education 
Cynthia Chisley v. Cumberland County Board of Education 
Thomas Jenkins (Student). Bernitha Jenkins (Parent) v. Ralph Fike Senior 

High, Wilson County Public School 

STATE PERSONNEL 



96 DOJ 0795 


Smith 


06/05/97 




97 DOJ 0476 


Morrison 


06/20/97 




97 DOJ 0724 


Gray 


10/06/97 




97 DOJ 0727 


Phipps 


09/11/97 




97 DOJ 0996 


Gray 


10/06/97 




97 DOJ 1195 


Reilly 


11/03/97 




97 DOJ 1196 


Reilly 


11/03/97 




96 EDC 0655 


Mann 


09/02/97 




96 EDC 0766* : " 


Phipps 


12/11/97 


12:13 NCR 1201 


96 EDC 0808 


Smith 


05/27/97 




96 EDC 0979 


Overby 


06/02/97 




96 EDC 1013 


Gray 


10/24/97 




96 EDC 1095 


Creech 


08/25/97 


12:07 NCR 581 


96 EDC 1708*-"* 


Phipps 


12/11/97 


12:13 NCR 1201 


97 EDC 0089 


Morrison 


08/01/97 




97 EDC 0095 


Morrison 


10/07/97 




97 EDC 01 17 


Reilly 


09/23/97 




97 EDC 0343 


Smith 


10/28/97 




97 EDC 0345 


Smith 


10/21/97 




97 EDC 0657 


Smith 


09/29/97 




97 EDC 0736 


Gray 


09/09 '97 




97 EDC 0898 


Becton 


12/31/97 




97 EDC 0978 


Phipps 


10/29/97 




97 EDC 0989 


Smith 


09/16/97 




97 EDC 1050 


Becton 


10/27/97 




97 EDC 1167 


Gray 


12/29/97 




97 EDC 1550 


Smith 


01/06/98 





Administration 

Paul F Rock v. Dept of Administration Div, of Purchase and Contract 

Brunswick Community College 

Dr. Donald W Skinner v Brunswick Community College 

Correction 

Janice Harding v. Department of Correction 

Michael McKimmey v Department of Correction 

Pamela Robinson v. Department of Correction 

Pamela Robinson v Department of Correction 

Rodney Jones, Paula Hawkins. James McKoy v. Dept. of Correction 

Rodney Jones. Paula Hawkins. James McKoy v, Dept. of Correction 

Rodney Jones, Paula Hawkins. James McKoy v Dept. of Correction 

Larry Wayne Pruitt. Jr v. Department of Correction 

William Hershel Bradley v. Franklin Freeman, Supt Mark Hughes. 

Grant Spicer. Asst. Supt. Wade Hatley. et al. Department of Correction 
Dennis Harrell v. Department of Correction 
Ray Evans Joyner v. Correction. Div. of Adult Probation/Parole 
Morton Floyd v. New Hanover Department of Correction 
Fannie P. Greene v. Adult Probation, State of NC 
William G Jordan v. Department of Correction 
Joe Nathan Graham v. Department of Correction 

William A. Rich v. Dennis Rowland (Asst. Supt.) Wake Corr. Ctr. DOC 
Torie M. Osborne v. Department of Correction 
Dennis M. Butcher v. Department of Correction 
Lonnie F McCaskill, III v Department of Correction 
William E McCaskill v Department of Correction 
William A. Rich v. Department of Correction 
Andrew Pinto v. Department of Correction 

Regina Draughon v Department of Correction, Duplin Correctional Ctr 
Ronald M Johnson v. Emp. Rel Comm.. DOC (Morrison Youth Inst ) 
Stanley L Ingram v Department of Correction 
Randy L Tompkins v. Department of Correction 
Reginald W Lewis v. Piedmont Corr. Institute. Mr T Pinion. Cpt. 

K Fry, Sgt. Dancy, SCT. B Crawford 



97 OSP 1404 


Phipps 


01/09/98 




97OSP0310 


Phipps 


06/12/97 




87 OSP 1250 


Morrison 


01/12/98 




96 OSP 0254 


Reilly 


12/18/97 


12:14 NCR 1363 


96 OSP 0403*" 


West 


12/08/97 


12:14 NCR 1373 


96 OSP 0654* J: 


West 


12/08/97 


12:14 NCR 1373 


96 OSP 1051*' 7 


Phipps 


08/20/97 




96 OSP 1119* 17 


Phipps 


08/20/97 




96 OSP 1120*' 7 


Phipps 


08/20/97 




96 OSP 1 1 33 


Gray 


08/11/97 




96 OSP 1604 


Phipps 


06/19/97 




96 OSP 2039 


Chess 


06/18/97 




97 OSP 0100 


Becton 


09/18/97 




97 OSP 0152 


Gray 


06/13/97 




97 OSP 0261 


Gray 


11/20/97 




97 OSP 0469 


Morrison 


10/31/97 


12:11 NCR 987 


97 OSP 0539 


Smith 


01/13/98 




97 OSP 0542 


Gray 


09/02/97 




97 OSP 0601 


Smith 


10/27/97 




97 OSP 0745 


Reilly 


12/10/97 




97 OSP 0761 


Gray 


10/02/97 




97 OSP 0770 


Becton 


09/26/97 




97 OSP 0853 


Mann 


12/23/97 




97 OSP 0873 


Becton 


10/31/97 




97 OSP 0883 


Phipps 


12/19/97 




97 OSP 0940 


Gray 


10/02/97 




97 OSP 1075 


Mann 


12/23/97 




97 OSP 1110 


Smith 


12/16/97 




97 OSP 1276 


Smith 


12/02/97 





12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1465 



CONTESTED CASE DECISIONS 



a<;knc v 

Frances A lloldcn v Lumbcriou Correctional Institute 
Thomas Wool ridge v Lumbcrton Correctional Institute 

Cnme Control and Public Safety 

Timolh> M L. issuer v Crime Control & Public Safely, Si Hwy Patrol 

Carroll E Ward v Slate Highway Patrol 

Employment Security Commission 
Broxie J Nelson v. Employment Security Commission 
Sandra T Sheann v. Employment Security Commission 
Mary H. Ranson v Employment Security Commission 
Carrie F Luther v. Employment Security Commission 
Frances P Gray v Employment Security Commission 

Environment, Health, and Satural Resources 
Dowel I Gray v Department ol Environment and Natural Resources 
and 
Onslow County Department ol Health 
James Fred Swain v. Environment. Health, and Natural Resources 
James S Kan lor v Environment. Health, and Natural Resources 

Human Resources 

Betty J Souther v New River Area MH/DD'SA Program 

Kenneth B Cooper v Piedmont Area Mental Health 

Willie D Parks v Cherry Hospital. Department of Human Resources 

Robert Tilson Morley v. Department of Human Resources 

Glen Sutton v. Cumberland County Department ol Social Services 

Brenda C Burgess v Depl ot Human Resources (Broughlon Hospital) 

Felicia Ann Baker v Lenoir County DSS. Jack B Jones 

Sharron S Molen v Lenoir County DSS. Jack B Jones 

Pamela Massey v Department ol Human Resources 

Clifton Dean Hill v. Department ol Human Resources 

Berime Allen Suttle v. Department ol Human Resources 

Calvin E Kaiser v Southeastern Mental Health Center 

Sandra Riley v. Onslow County Department of Social Services 

Vicky Angel Morgan v Buncombe County Department ol Social Services 

Rick A Sanders v Department ol Health and Human Services 

Troy Gaines v Durham County Menial Health Department 

Edward Percell Eason v Department ol Human Resources 

Dale Dees v Trend Communily Menial Health Services 

Lisha Dawn Byrd v. Human Resources (Western Carolina Center) 

Richard G Sleeves v Scotland County Board ol Health 

Anionio A Archibequc v Barbara D Whitley. Dir. Slanly County DSS 

DHR. Deal & Hard ol Hearing CNCSD. Evonne Broadnux v DHR. 

Deal A: Hard of Hearing CNCSD 
Richard G Sleeves v. Scotland County Board ol Health & Scotland County 
Julia R Baker v. Union County Department ot Social Services 

J^ublic Instruction 

Frances Phillips Melon \ Department ot Public Instruction 
Dowell Gray v. Departmen; ol Environment and Natural Resources 
and 
Onslow County Department ol Health 

Transportation 

Tommie R Jones. Samuel W Wmstead. Timothy C Sturges. Michael J 

Boone, and Ronnie Balchclor v Dept ol Transportation. Dtv ot Motor 

Vehicles. Enforccmeni Section 
Tommie R Jones. Samuel W Winsiead. Timothy C Slurges. Michael J 

Boone, and Ronnie Balchclor v Dept of Transpo rial ion, Div ofMoior 

Vehicles. Enforcement Section 
Tommie R Jones. Samuel W Winsiead. Timothy C Siurgcv Michael J 

Boone, and Ronnie Balchclor v. Dept of Transportation, Div ot Motor 

Vehicles. Enforcement Section 
Georgia B Warren v Dept ol Transportation. Di\ ol Motor Vehicles. 

Enforcement Section 
Tommie R Jones. Samuel W Winsiead. Timothy C Slurges. Michael J 

Boone, and Ronnie Batchelor v Depi ol Transportation. Div ol Motor 

Vehicles. Enforccmeni Section 
Tommie R Jones. Samuel W Wmstead. Timothy C Slurges. Michael J 

Boone, and Ronnie Balchclor \ Dept of Transportation. Di\ ol Motor 

Vehicles. Enforcement Section 
Wendell L Webb v Dcparimcni ol Transportation. Ferry Division 
Wendell t. Webb v. Deparlinenl ol Transportation. Ferry Division 



(ASK 




DA IK OK 


NIIMKKK 


A I.I 


l)K( ISION 


47 OSP 1321 


Bcclon 


12/31/47 


47 OSP 14HI 


Bcclon 


12/14/47 


47 OSP 04: i 


Phipps 


1( 1/24/47 


47 OSP (175(1 


Mann 


(14/16/47 



PIKI.ISIIKI) l)K( ISION 
RK(.ISIKK( II AIION 



46 OSP037X 


Bcclon 


47 OSP (1243 


Fhipps 


47 OSP (13X7 


Mann 


47 OSP (1443 


Mann 


47 OSP 044X 


Snmh 


47 OSP 0374*" 


Gray 


46 OSP 1144(1 


Gray 


46 OSP (1633 


Smith 



44 OSP 

45 OSP 

46 OSP 
46 OSP 
46 OSP 
46 OSP 
46 OSP 
46 OSP 

46 OSP 

47 OSP 
47 OSP 
47 OSP 
47 OSP 
47 OSP 
47 OSP 
47 OSP 
47 OSP 
47 OSP 
97 OSP 
97 OSP 
47 OSP 
97 OSP 



(1327 

(1312 

(1617 

(1464 

1246 

14X5 

1664 

1665 

1427 

(10(17 

0064 

0073 

0217 

02X3 

0307 

0347 

0363 

0402 

0441 

0622* 

0663 

0756 



47 OSP 0760* 
47 OSP 07X3 



45 OSP (1407 
47 OSP 0374* 



Bcclon 

Snmh 

Phipps 

Gray 

Giay 

Phipps 

Bcclon 

Bcclon 

Bcclon 

Phipps 

Rcilly 

Guy 

Rcilly 

Bcclon 

Rcilly 

Mann 

Gray 

Mann 

Morrison 

Phipps 

Smith 

Bcclon 

Phipps 
Grav 



Trawick 

Grav 



46 OSP 07X1*'" 


Phipp 


96 OSP 07X2*'" 


Plupp: 


96 OSP 07X3*'" 


Phipp: 


96 OSP 07X4* " 


Phipp' 


96 OSP 07X5 * : " 


Phipp 


96 OSP (17X6* " 


Phipp: 


96 OSP 1710* ■ 


Phipp: 


97 OSP014X* " 


Phipp' 



()7'l(l/97 
01/07/9X 
07/24/97 
OI/12/9X 
01/13/98 



12/01/97 



10/02/97 
04 '30 '97 



10/20/97 
12/ 14-97 
09/10/97 
0X/2 1/97 
07/17/97 
10/13/97 
12/05/97 
12 '05/97 
08/28/97 
06/20/97 
09/30/97 
08/08/97 
10/ 14 '47 
10/02/97 

10 16/97 
08/05/97 
OX'15'47 

11 24 47 
08/28/97 
111 21 47 

09 i>; 47 

04 (13 '47 

io ;i 47 

10/ 13 '47 



06 04 47 

12 01 47 



11 13 47 

11 13 47 

11 13 47 

11 13 47 
11 13 47 

11 13 47 



io 31 47 

in :-i 97 



12 13 NCR 1222 



12 09 NCR X51 

12 04 NCR X54 



12 13 NCR 1215 
12 06 NCR 497 

12 02 NCR 107 



1212 NCR 10X7 



12 13 NCR 1222 

12 11 NCR 974 

12 11 NCR 979 

i: 11 NCR 474 

12 11 NCR 474 

12 11 NCR 474 

12 11 NCR 4^4 



1466 



SORTH CAROLINA REGISTER 



Februan 2, 1998 



12:15 



CONTESTED CASE DECISIONS 



AGENCY 

Frank A Tice. Ill v Department ot'Transponaiion 
Rov J Abbott v Departniem of Transportation 
James French v. Departmeni ot'Transponaiion 

Vniversily of Sorth Carolina 

Boyd S Taylor v NC Central University 

Diane Riggsbee-Rav nor v UNC at Chapel Hill 

Helen Mclntyre v. L'NC-TV University of North Carolina 

Elaine P Browne v Winston-Salem State University 

Carol Glosson v. University of NC Hospitals at Chapel Hill 

Theresa Rogers v University of NC Hospitals at Chapel Hill 

Ann O Meares v NC Slate University 

Jesse Daniels v. East Carolina University 

Darrell J Hampton v. NC Central University 

Clinton A Browne v NC A&T State University 

Kenneth L Jarman v East Carolina University 

William A Covington v. NC A&T State University 

Beth W, Vinson V. Western Carolina University 

Viola Simmons v. UNC-Wilmington 

Helen Mclntvre v UNC-TV University of North Carolina 

Helen Mclntyre v UNC-TV University of North Carolina 

E Julius Carter v UNC-Greensboro 

Winifred Bird v. University of NC Hospitals at Chapel Hill 

SECRETARY OF STATE 

Greenway Capital Corp & Stacey Lee Davis v Securities Div. Sec'y/S 
Teresa M Collrain v Secretary of Slate 

STATE TREASURER 

Shelby H Underwood, el al V. Trustees Teachers/St Emp Ret. Sys. 
Richard Albert Jose v Stale Treasurer Retirement Systems Div 
Annie Tharnngton Harrington v, Trustees Teachers/St. Emp Ret Sys. 



TRANSPORTATION 

Audrey W Harris v Transportation. Manson/Wheat Contr . & Wake Elec 97 DOT 0566 

UNIVERSITY OF NORTH CAROLINA 

Clinton S Rogers v UNC-Chapel Hill 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


97 OSP 0380 


Mann 


09/05/97 




47 OSP 0697 


Morrison 


12/05/97 




97 OSP 1252 


Smith 


12/16/97 




94 OSP 0363 


Chess 


09/12/97 




96 OSP 0326 


Chess 


06/04/97 


12 01 NCR 39 


96 OSP 0822 


Gray 


09/26/97 




96 OSP 1007 


Reilly 


09/24/97 




96 OSP 1015 


Becton 


10/08/97 




96 OSP 1065 


Morrison 


10/23/97 




96 OSP 1870 


Chess 


09/22/97 




97 OSP 0123 


Morrison 


01/13/98 




97 OSP 0155 


Mann 


08/11/97 




97 OSP 0199 


Phipps 


09/18/97 




97 OSP 0249 


Gray 


09/26/97 




97 OSP 0686 


Beclon 


08/29/97 




97 OSP 0762 


Phipps 


10/10/97 




97 OSP 0859 


Gray 


11/18/97 




97 OSP 0991 


Gray 


09/26/97 




97 OSP 1148 


Gray 


10/16/97 




97 OSP 12Q2 


Phipps 


11/05/97 




97 OSP 1413 


Phipps 


01/12/98 




94 SOS 0097 


Gray 


10/28/97 


• 


97 SOS 0499 


Reilly 


10/22/97 


12:10 NCR 914 


96 DST 0390 


Reilly 


08/05/97 




97 DST 0281 


Reilly 


10/02/97 




97 DST 0866 


Mann 


01/15/98 


12 15 NCR 1468 


97 DOT 0566 


Gray 


07/28/96 




97 UNC 1062 


Beclon 


10/31/97 





12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



1467 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF DURHAM 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

97 DST 0866 



% 



ANNIE THARRINGTON HARRINGTON 

Petitioner, 



BOARD OF TRUSTEES OF THE TEACHERS' 

AND STATE EMPLOYERS' RETIREMENT SYSTEM 

Respondent. 



RECOMMENDED DECISION 



This matter came on for hearing before Chief Administrative Law Judge Julian Mann, III, on November 20, 1997, in 
Raleigh, North Carolina. The record closed with the submission of Respondent's post hearing brief filed in the Office of 
Administrative Hearings on December 5, 1997. 



For Petitioner: 



For Respondent: 



APPEARANCES 

Mary Elizabeth Jones 

Attorney at Law 

Beemer, Savery & Hadler, P. A. 

P. O. Drawer 3150 

Chapel Hill, North Carolina 27515 

Attorney for Petitioner 

Robert M. Curran 

Assistant Attorney General 

North Carolina Department of Justice 

P. O. Box 629 

Raleigh, North Carolina 27602-0629 

Attorney for Respondent 

ISSUES 

Whether or not the calculation of the Social Security disability benefits offset, required by G.S. 135-106(b), should 
include the fees which the Petitioner paid to her non-attorney representative associated with obtaining her SSA benefits. 

STATUTES AND RULES IN ISSUE 

North Carolina General Statute 135-106(b) 

Based upon careful consideration of the stipulations and arguments of the parties' legal counsel and the entire record in 
this proceeding, the undersigned makes the following: 

FINDINGS OF FACT 

The parties stipulated to the following facts: 

1 . The proper Respondent in this contested case is the Board of Trustees of the Teachers' and State Employees' 
Retirement System. 

2. Both Petitioner and Respondent are proper parties before this Court, and both parties are within the jurisdiction 
of this Court. 



< 



i 



1468 



NORTH CAROLINA REGISTER 



February 2, 1998 



12:15 



CONTESTED CASE DECISIONS 



3. Prior to her disability retirement, Petitioner was employed by UNC Hospital as a patient coordinator and 
registrar. 

4. Petitioner was approved for short-term disability benefits in September, 1991, and effective November 10, 1992, 
Petitioner began receiving long-term benefits pursuant to the Disability Income Plan of North Carolina ("DIPNC"). 

5. In February, 1994, Petitioner was awarded Social Security disability benefits, retroactive to March, 1992. 

6. In order to obtain her Social Security disability benefits, after twice being denied, Petitioner retained a non- 
attorney representative, to whom she paid the statutory maximum fee of $4,000.00. 

7. In April, 1994, Respondent notified Petitioner that it had overpaid her long-term disability benefits by virtue 
of her retroactive award of Social Security disability benefits and, pursuant to G.S. 135- 106(b), it began offsetting the amount 
of her overpayment from her State long-term benefits. 

8. Prior to February, 1996, Respondent offset for such overpayments based upon the gross amount of disability 
benefits payable by the Social Security Administration, without deducting for attorney's fees or costs associated with obtaining 
those benefits. 

9. In February, 1996, the North Carolina Court of Appeals issued its opinion in Willoughby v. Board of Trustees, 
121 N.C. App. 444, 466 S.E.2d 285, in which it interpreted the offset provisions of G.S. 135-106(b). 

10. Following the Court's decision in Willoughby, the Respondent began making reimbursement (or giving credit, 
where appropriate) to those individuals who had attorneys' fees withheld from their past-due primary Social Security disability 
benefits, which fees were paid to the attorney by the Social Security Administration, and whose State long-term disability benefits 
were offset by these amounts. The Respondent has not made such reimbursements (or credits) to individuals, such as the 
Petitioner, who paid a non-attorney representative for services rendered in obtaining Social Security disability benefits. 

Based upon the above Findings of Fact, the undersigned makes the following: 

CONCLUSIONS OF LAW 

1. Petitioner's lay representative was not authorized, as is the case with attorney representatives pursuant to 42 
U.S.C. § 406(a)(4)(A), to apply for fee withholding directly from the Social Security Administration. Consequently, Petitioner 
received her entire Social Security benefit without reduction of these fees. Therefore, the question to be resolved in this contested 
case is the proper interpretation of the term "entitled" as construed in Willoughby v. Board of Trustees 121 N.C. App. 444, 466 
S.E.2d 285 (1996) in order to determine whether the fees paid to a non-attorney representative may be offset to reduce Petitioner's 
Social Security entitlement under the same rationale as for fees deducted and paid to an attorney representative. 

2. Pursuant to G.S. 135-106(b) and the Willoughby (supra) decision, the Petitioner was "entitled" to the full amount 
of her past due Social Security disability benefits award which included the fee which Petitioner paid to her non-attorney 
representative because these fees were never withheld by the Social Security Administration because there is no authority, similar 
to the authority which authorizes the Social Security Administration to withhold fees paid to attorney representatives. Therefore, 
Petitioner must be held to have been "entitled" to the entire Social Security award under the Willoughby rationale. The amount 
Petitioner paid directly to her non-attorney representative cannot be used as a reduction for purposes of calculating Petitioner's 
North Carolina long-term disability benefits.* 

Based upon the above Findings of Fact and Conclusions of Law, the undersigned makes the following: 

RECOMMENDATION 

It is recommended that the Petitioner not be reimbursed or credited by the Respondent for any of the $4,000.00 fee which 
she paid to her non-attorney representative in connection with obtaining her Social Security disability benefits. 



* I find this distinction between fees paid to an attorney and fees paid to a non-attorney to be a suspect classification, but in light 
of the clear rationale in Willoughby, I am compelled to reach this conclusion, notwithstanding the apparent inequity of the result. 



12:15 NORTH CAROLINA REGISTER February 2, 1998 1469 



CONTESTED CASE DECISIONS 



ORD] 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative Hearings, P. O. 
Drawer 27447, RaJeigh, North Carolina 2761 1-7447, in accordance with G.S. 150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an opportunity to file exceptions 
to this recommended decision and to present written arguments to those in the agency who will make the final decision. G.S. 
150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to furnish a copy to 
the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the Board of Trustees of the Teachers' and State 
Employees' Retirement System. 

This the 15th day of January, 1998. 



i 



Julian Mann, III 

Chief Administrative Law Judge 



i 



I 



1470 NORTH CAROLINA REGISTER February 2, 1998 12:15 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCA C) has four major subdivisions of rules. Two of hese. titles and 
chapters, are mandatory. Tlie major subdivision of the NCAC is the title. Each major department in the North 
Carolina executive branch of government has been assigned a title number. Titles are further broken down into 
chapters which shall be numerical in order. TJie other two, subchapters and sections are optional subdivisions 
to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Go 1 ernor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labo r 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 


27 


NC State Bar 


Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 


i 




Veterinary Medical Board 


66 



Note: Title 2 1 contains the chapters of the various occupational licensing boards. 



12:15 



NORTH CAROLINA REGISTER 



February 2, 1998 



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I 



BARCLAYS OFFICIAL NORTH CAROLINA ADMINISTRATIVE CODE 



DESCRIPTION 



CODE 



ANNUM. 
SUBSCRIPTION PRICE 



Title 1 - Dept. of Administration - Complete Title 

Division of Purchase & Contract 
Federal Block Grant Funds 

Title 2 - Dept. of Agriculture - Complete Title 

Food & Drug Protection Division 
Structural Pest Control Committee 
Agricultural Markets 
Plant Industry 
Animal Industry 

Title 3 - Dept. of State Auditor - Complete Title 

Title 4 - Dept. of Commerce - Complete Title 

Alcoholic Beverage Control Commission 

Banking Commission 

Credit Union Division 

Savings & Loan Division 

Industrial Commission/Workers Compensation 

Savings Institutions Division 

Title 5 - Dept. of Corrections - Complete Title 

Division of Prisons 

Title 6 - Council of State - Complete Title 

Title 7 - Dept. of Cultural Resources - Complete Title 

Title 8 - State Board of Elections - Complete Title 

Title 9 - Offices of tfie Governor & Lt. Governor - Complete Tide 

Title 10 - Dept. of Human Resources • Complete Title 

Licensing of Health Facilities 

Detention Facilities 

Mental Health & Rehabilitation Services 

Social Services 

Children Services/Day Care 

Services for the Aging 

Services for the Blind 

Services for the Deaf & Hard of Hearing 

Employment Opportunities 

Title 1 1 - Dept. of Insurance - Complete Title 

Insurance 

Consumer Services 

Fire & Rescue Services 

Agent Services 

Engineering & Building Codes 

Title 1 2 - Dept. of Justice - Complete Title 

Private Protective Services 

Policy & Sheriff's Education & Training Standards 

NC Alarm Systems Licensing Board 

Title 1 3 - Dept. of Labor - Complete Title 

Mine & Quarry Safety 

General Safety/OSHA 

Wage & Hour Rules 

Boiler & Pressure Vessel Safety 

Apprenticeship & Training 

Elevator & Amusement Device Safety 

Title 14A - Dept. of Crime Control & Public Safety - Complete Title 

Alcohol Law Enforcement 
Victims Compensation Fund 

Title 15A - Dept. of Environ., Health, & Nat. Resources - Complete Title 

Environmental Management 

Air Quality 

Water Quality 

Land & Waste Management 

Solid Waste Management 



201 00 001 

201 10 051 

201 10331 

202 00 001 

202 15 091 
202 15 341 
202 15 431 
202 15 481 

202 15 521 

203 00 001 

204 00 001 

204 15 021 
204 15 031 
204 15 061 
204 15 091 
204 15 101 

204 15 161 

205 00 001 

205 15 021 

206 00 001 

207 00 001 

208 00 001 

209 00 001 
21000 001 

210 20 101 
210 20 201 
210 20 301 
210 20 401 
210 20411 
210 20 421 
210 20431 

210 20 441 
21020451 

211 00 001 

211 10011 

211 10041 

211 10051 

211 10061 

211 10081 

21200 001 

212 10071 
212 10091 

212 10 111 

21300 001 

213 15 061 
213 20 001 
213 15 121 
213 15 131 
213 15 141 

213 15 151 

21400 001 

214 00 081 

214 00 111 

21500 001 

215 15 001 
215 15 101 
215 15 201 
215 15 301 
215 15 311 



$90.00 

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S25.00 

$140.00 

S35.00 

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S45.00 
S45.00 
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$30.00 
$35.00 

$70.00 

$35.00 

$30.00 
$60.00 
$30.00 
$45.00 
$470.00 

$95.00 

S40.00 

$110.00 

$185.00 

$55.00 

$45.00 

$40.00 

$25.00 

$45.00 

$90.00 

$80.00 
$30.00 
$25.00 
$35.00 
$30.00 

$90.00 

$30.00 
$40.00 
$30.00 

$110.00 

$25.00 
$70.00 
$25.00 
$25.00 
$25.00 
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$165.00 

$90.00 

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585.00 

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Underground Storage Tanks 

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Environmental Health 

Radiation/Nuclear Waste 

Sanitation 

Public Health 

Intoxilizer & Breathalizer 

Title 1 6 - Dept. of Public Instruction - Complete Title 

Elementary & Secondary Education 

Title 17 - Department of Revenue • Complete Title 

Taxes on Individuals 
Taxes on Business 
Sales & Use Tax Division 
Motor Fuels Tax Division 

Title 1 8 • Secretary of State - CompleteTrtle 

Securities Division 

Title 1 9A - Dept. of Transportation - Complete Title 

Division of Highways 
Division of Motor Vehicles 

Title 20 - Dept. of the State Treasurer • Complete Title 

Title 21 - Occupational Licensing Boards • Complete Title 

Title 22 - Administrative Procedures - Repealed 

Title 23 - Community Colleges - Complete Title 

Trie 24 • Independent Agencies • Complete Title 

Trie 25 • Office of State Personnel - CompleteTtle 

Trie 26 - Office of Administrative Hearings • Complete Ttle 

Trie 27 • North Carolina State Bar - Complete Trie 

North Carolina Administrative Code • Complete Code 

(Add $85.00 Shipping and Handling) 

CD-ROM North Carolina Administrative Code 

(updated quarterly) 

CD-ROM North Carolina Administrative Code 

(When purchased with the Full Code in Print) 

Master Index 

Master Table of Contents 

Binder(s) Titled "Official North CaroTma Admnisrmtm Code" 



215 15321 
215 15401 
215 25 001 
215 25 101 
215 25 201 
215 25 301 

215 25311 

21600 001 

216 10061 

21700 001 

217 15 101 

217 15201 
217 15271 

217 15291 

21800 001 

218 10 060 

21900 001 

219 10021 

219 10031 

220 00 001 

221 00 001 
n/a 

223 00 001 

224 00 001 

225 00 001 

226 00 001 

227 00 001 
299 99 981 

266 00 001 

266 50 001 

288 50 001 
288 80 001 
299 90 000 



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$150.00 

$65.00 

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$85.00 

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